Section 62 in Punjab State Electricity Regulatory Commission (Conduct of Business) Regulations, 2002
62.
(1)The Arbitration of disputes arising between the parties shall be determined by the Arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any amendment thereof in respect of the matters lying within the jurisdiction of the Commission as contained in Section 22 of the Act, may be commenced by the Commission on the application of any of the parties or persons concerned.(2)The Commission shall issue notice to the concerned parties and to such other persons as the Commission considers appropriate to show cause as to why the disputes on the matters as specified in the notice should not be adjudicated and settled through Arbitration.(3)The Commission may, after hearing the parties to whom notices have been issued and if Satisfied that no reason or cause has been shown against the proposed Arbitration, pass an order directing that the disputes or the matter be referred for adjudication and settlement through Arbitration either by the Commission or by a person or persons to be nominated by the Commission.If the Commission decides to refer the matter to Arbitration by a person or persons other than the Commission, the reference shall be:(a)to a sole Arbitrator if the parties to the dispute agree on the name of the Arbitrator; or(b)if the parties are unable to agree on the name of a sole Arbitrator, the sole Arbitrator to be designated by the Commission. In special circumstances, taking into account the nature of the disputes, the value involved and the public importance of the case, the Commission may also refer the case to three Arbitrators, one of whom shall be nominated by each of the parties to the dispute and the third by the Commission:Provided that if any of the parties fails to nominate the Arbitrator within the time allowed by the Commission, the Commission shall nominate the Arbitrator for the party.(4)The Commission may on the application of any party or suo moto terminate the mandate of any Arbitrator:(a)if the Arbitrator refuses, fails or neglects to act ; or(b)if the Arbitrator resigns; or(c)if otherwise the Commission considers it appropriate to do so.(5)If the Arbitrator whose mandate was terminated was appointed by the Commission, the Commission shall appoint an Arbitrator to fill up the vacancy so created. If the Arbitrator whose mandate was terminated was appointed by any party, the Commission may direct the party concerned to appoint an Arbitrator to fill up the vacancy so created within such time as the Commission may direct. If the party fails to appoint an Arbitrator within the time allowed by the Commission, the Commission shall appoint an Arbitrator.(6)The Commission shall not nominate a person as Arbitrator to whom any of the licensees or the other concerned person in the arbitration has a reasonable objection on grounds of possible bias or similar reasons, if the Commission considers the objection to be valid and justified.(7)In case the Commission acts as an Arbitrator, the procedure for adjudication and settlement to be followed shall be, as far as possible, the same as in the case of hearing before the Commission provided for in Chapter II.(8)In case the Commission nominates an Arbitrator or Arbitrators to adjudicate and settle the dispute, such Arbitrator or Arbitrators may, subject to any directions given by the Commission, follow such procedure, as they may consider appropriate that is consistent with the principles of natural justice and gives fair opportunity to the parties to arbitration.(9)The Arbitrator after hearing the parties shall pass a speaking award giving reasons for the decision on all issues arising for adjudication and forward the award to the Commission within such time as the Commission may specify.(10)The Commission shall give notice of the award given by Arbitrator or Arbitrators appointed by the Commission to the parties concerned and shall give an opportunity to the parties to file objection to the award and reply to the objections within such time as the Commission may specify..(11)The Commission shall proceed to hear the parties on the award. The procedure to be followed by the Commission shall be, as far as possible, the same as in the case of hearing before the Commission provided for in Chapter II of these regulations ;Provided that the hearing shall be confined to the objections raised to the award given by the Arbitrator.(12)The Commission shall be entitled to pass appropriate orders as it thinks fit after giving an opportunity for hearing the parties.(13)The cost of the Arbitration, and proceedings before the Commission shall be borne by such parties and in such sums as the Commission may direct.(14)The Commission may pass such interim orders in the matter as the Commission may consider appropriate at any time before or during the proceedings of the Arbitration.
