Arbitration

The flow chart below details the Arbitration process, the final step in the dispute resolution process. Arbitration Notices and Decisions will be posted on the IESO Web site.

All parties will be responsible for their share of the cost of the Arbitration, although the arbitrator may order costs to be paid by one party as part of the Arbitration award.

Secretary receives Notice of Termination of Mediation, Notice of Intent to Dispense with Mediation

Secretary provides all parties with list of five members from Dispute Resolution Panel available to arbitrate dispute

If parties agree on an arbitrator, parties so advise the Secretary in writing of their selection

Where parties fail to select an arbitrator, the Secretary appoints one member of the Dispute Resolution Panel to arbitrate the dispute.

IESO publishes notice of appointment of Arbitrator and address of service

Applicant serves on any Respondant and files with arbitrator written submissions, a list of documents, copies of documents, a list of witnesses, and written summary of anticipated evidence

Respondant serves on an Applicant and on any other Respondant and files with arbitrator written submissions, a list of documents, a list of witnesses, and written summary of anticipated services

Applicant may serve and file written reply submissions

Arbitrator fixes date, time and place for the hearing and files notice with Secretary

Other affected market participants may apply to teh arbitrator for leave to intervene at the hearing

IESO publishes notice of date, time and place of hearing

Arbitration Hearing

Arbitrator delivers award in writing and files with Secretary

Arbitrator files with Secretary the record of proceedings and an invoice of itemized costs of arbitration along with supporting documentation

IESO publishes summary of award

Secretary submits invoice to IESO

IESO submits invoice to each party to the arbitration and where applicable, each intervener

Each party pays to the IESO the amount owing