Cap. 81 чл. 25Conduct of proceedings and determination of disputes.

(1) Upon taking cognizance of a dispute, the Dispute

Resolution Board shall notify the parties concerned of the matter under dispute, allowing them such reasonable time as may be determined by the Board to produce relevant information and to make their representations.

(2) The Dispute Resolution Board shall in all instances endeavour to determine any dispute referred to it within the shortest possible time, and in any case in accordance with the specific time frames established under this Act or under any other applicable law under which it may be empowered to determine disputes: Provided that it shall be at the discretion of the Board on how it shall conduct proceedings before it. In particular the Board may, if it considers it appropriate in the circumstances, determine a dispute only on the basis of such written submissions and documentation as it may require, and it shall be at its discretion to determine whether oral hearings and, or on site visits are necessary: Provided further that the Board shall in all instances abide with the principles of natural justice.

(3) The Dispute Resolution Board shall, after examining the facts and any representations submitted to it and such other information as it may require, determine the dispute.

(4) The Dispute Resolution Board may at its discretion whether of its own initiative or following a request of a party to the dispute if it considers such a request as being reasonable given the specific circumstances of the dispute, assist the parties in arriving at an amicable settlement on all or some of the issues in dispute before proceeding or continuing with the determination of the dispute: Provided that in doing so the Board shall in all instances factor the need to settle the dispute in the shortest time possible and any negative impact that a party may suffer if there is a delay in resolving the dispute: Provided further that an aggrieved party shall before making a dispute under this Part, where feasible, endeavour to settle any such dispute by seeking the mediation of the competent utility or infrastructure regulator or regulators as the case may be.

(5) A party in filing a dispute before the Disputes Resolution Board shall ensure that the application submitting the dispute to the Board contains the following:

(a) a clear and correct statement of the subject-matter and the cause or causes giving rise to the dispute;

(b) a clear and detailed statement of the facts of which the party filing the dispute may be aware of;

(c) a copy of all the relevant documentation in support of the dispute being made; and

(d) the remedy being requested from the Disputes Resolution Board.

(6) The Disputes Resolution Board shall within two working days of receipt of the application submitting the dispute, notify the party against whom the dispute has been made, with a copy of the application, giving the said party such time as the Board may consider reasonable to file a written response, which time shall not in any case exceed twenty days.

(7) A party in replying to a dispute made against it shall in the first instance state whether it is contesting some or all of the claims stated in the application. If the said party is contesting some or all of the claims, it shall then submit a written response to the Disputes Resolution Board which shall include the following:

(a) any such pleas as would be taken to be waived if not raised before the contestation of the dispute;

(b) a clear and correct statement of the pleas on the merits of the claims in dispute;

(c) a clear and detailed statement of facts of which the party replying to the dispute is aware of, denying, admitting or explaining the circumstances of fact set out in the dispute; and

(d) a copy of any relevant documentation in support of its response: Provided that the Dispute Resolution Board shall within three working days of receipt of this response notify the party making the dispute with the same.