DOE Amends WESM Dispute Rules

Proposed amendments initiated by the Dispute Resolution Administrator (DRA) to improve mediation and arbitration procedures.
Proposal reviewed, published for comments, deliberated by the Rules Change Committee (RCC), and approved by the PEM Board.
Final minor revisions made by the DOE ensuring consistency with WESM objectives such as transparency and efficiency.
Formal adoption and promulgation by the DOE.

Addition of Clause 7.3.8 allowing parties to apply for urgent interim or emergency relief before tribunal constitution.
Renumbering of existing clauses to accommodate new provisions without content changes.

Inclusion of "DRA Secretariat" as the Market Assessment Group assisting the DRA.
Redefinition of "Secretariat" as "ADR Support Service Center (ASSC)," an accredited center assisting mediators/arbitral tribunals.

Disputes between PEM Board (except DRA), WESM Members, and intending members.
Disputes arising from acts inconsistent with WESM Rules, payment obligations, related contracts, and regulations issued by ERC and DOE.
Coverage extends to disputes involving transactions in WESM.

Eligibility criteria include adequate facilities, trained staff, and proven ADR experience.
Temporary ad hoc support by individuals deemed adequate by the DRA if ASSCs are unavailable.

Mandatory mediation before arbitration except where mediation is dispensed with upon DRA certification.
Detailed protocols for submission and handling of Requests for Mediation (RM) and arbitration (RA).
Appointment and selection of mediators through an alternated striking process or DRA appointment if parties fail.
Mediators required to affirm impartiality, independence, and diligence; must disclose any potential conflicts.
ASSCs appointed by the DRA to provide case support on a rotation basis.

Mediation fees and deposits required upfront; proceedings halted until payments are made.
Fees and costs shared equally unless parties agree otherwise; mechanisms exist to enforce payment.
Mediation timelines include a 30-day period for completion, extendable by agreement.
Mediator’s role includes facilitating discussions, acting as intermediary, and managing written submissions.

Settlement agreements are binding and enforceable under WESM Rules.
Failure to comply with agreements constitutes a breach.
Confidentiality and non-admissibility of mediation communications unless malicious or gross misconduct by mediator/DRA.

Submission and content requirements for Requests for Arbitration (RA) and answers, including specificity on WESM transactions involved.
Timely challenge of arbitrators within 10 days of appointment notice.
Establishment of ASSC support for arbitration, with file custody and account handling.
Structured arbitral proceedings including case management, hearings, facts establishment, and timelines for awards.
Provisions allowing arbitrators to decide based on equity (amiable compositeur, ex aequo et bono).

Introduction of rules allowing urgent interim or conservatory relief ahead of tribunal formation.
Application process, appointment from WESM-accredited arbitrators, and expedited procedural timelines.
Emergency arbitrator powers, decision-making, and limits of authority specified.
Procedures for challenges to emergency arbitrators, place and conduct of proceedings, and cost responsibilities.

Detailed schedules for mediation fees, arbitration costs, and administrative expenses provided as annexes.
Provisions for advance payments, deposits, adjustments, and refunds.
Enforcement measures when parties fail to pay required fees or deposits.

Awards and settlements enforceable by DOE directive to Market Operator or PEM Board demand.
Recording and publication of dispute resolutions to relevant bodies.
Liability limitations for mediators, arbitrators, DRA, and ASSC except in cases of malice or gross negligence.
Separability clause ensuring validity of unaffected provisions if parts are invalidated.
Circular effective 15 days after publication; remains effective until revoked.