Section 61 in Haryana Electricity Regulatory Commission (Conduct of Business) Regulations, 1998
61.
(1)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 dispute 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.(2)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 the sole arbitrator within the time allowed by the Commission, to a sole arbitrator to be designated by the Commission or to a tribunal of three persons as the Commission may direct taking into account the nature of the dispute and the value involved and, if the decision is to refer the dispute to a tribunal of three arbitrators, one arbitrator shall be nominated by each party within the time allowed by the Commission and the third arbitrator shall be appointed by the Commission.Provided that if any of the parties fails to nominate its arbitrator within the time allowed by the Commission, the Commission shall be allowed to nominate an arbitrator for that party.(3)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.(4)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.(5)The Commission shall not nominate a person as arbitrator to whom any of the licensees or the other concerned persons in the arbitration has a reasonable objection on grounds of possible bias or similar such reasons and the Commission considers the objection to be valid and justified.
