3 years ago

Guidelines for Dispute Resolution - Nigerian Communications ...

Guidelines for Dispute Resolution - Nigerian Communications ...


5. POWERS OF THE ARBITRATOR5.1 The Arbitrator upon his appointment shall communicate with or issue directions tothe parities and have the widest discretion permitted by law to resolve the dispute ina just speedy, economical and final manner in accordance with natural justice andwithout any need to comply with the provisions of the Evidence Act. No rules orrequirements in respect of the law relating to admissibility of evidence shall beapplicable to these proceedings.5.2 The arbitrator’s powers shall include the following:-(a)(b)(c)(d)(e)(f)(g)(h)Allow the parties’ statements to be amended provided that same is notamended in a manner that the amount claimed exceeds N1,000,000(One million Naira).Extend any time limits provided hereunder or under his directions.Allow submission of further evidence and the amendment of claim ordefence.Order the parties to produce goods, documents or any other requireditem property for inspection.Appoint an expert to report on specific issues or take legal advice.Conduct any further inquiries or inspections as deemed necessary. Theparties shall accord the arbitrator all necessary assistance and facilities forthe conduct of any such inquiries or inspection.Determine the arbitration on the basis of the documents submitted ifeither of the parties fails to comply with his directives within the timestipulated or at any other extended time, provided 14 days notice has beengiven that the arbitration shall be so determined.Inform the parties if he believes that the dispute is not suitable fordetermination by this procedure and invite the parties to submit to anagreement for determination of the dispute by the appropriateCommission’s procedure.6. COMMUNICATION BETWEEN THE PARTIES AND THEARBITRATOR6.1 Any communication sent by a party to the arbitrator shall be copied by the party tothe other party or parties and marked as havi ng being so copied.6

6.2 Any communication sent by the arbitrator to one party shall be copied to the otherparty or parties and marked as having been so copied.7. COSTS7.1 Registration fees are payable by the Claimant upon collection of a Requestfor Arbitration or Notice of Arbitration form. In the event that the dispute isresolved amicably prior to the appointment of an arbitrator by the Commission orthe dispute is considered not suitable for determination by this procedure the feesshall be refunded. Registration fees are regarded as part of the costs of theArbitration and the provisions of clause 7.3 hereof apply to its ultimateapportionment.7.2 Costs of the arbitration shall include registration fees, the arbitrator’s fees andexpenses and those of any experts and administrative costs in accordance with theprevailing rates established by the Commission.7.3 Costs of the arbitration shall be ultimately borne by the losing party, but subject tothe overriding discretion of the arbitrator as to which party will bear whatproportion of the costs of the arbitration. The arbitrator shall have the discretion toorder one party to pay any part of the other’s costs where the former has actedunreasonably in any manner including exaggerating its claim or otherwise causedthe opposing party unnecessary delay or expense or hindered the timely process ofthe arbitration procedure.7.4 Each party shall bear its own costs of preparing and submitting its case.7.5 The Commission may direct the parties to make one or several interim or finalpayments on account of the costs of the Arbitration. Such amounts shall be held bythe Commission and may from time to time be released to the Arbitrator.8. MISCELLANEOUS8.1 Neither the Commission nor the arbitrator shall be liable to any party forany act or omission in connection with the arbitration conducted under these rules.8.2 Subject to the right of a party to draw the arbitrator’s attention to any accidentalslip and omission which he has power to correct, neither the Commission nor thearbitrator can enter into any correspondence regarding an Award issued under thisscheme.8.3 Arbitration proceedings must be concluded within sixty days (60) from the date ofcommencement.7

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