Transmission
Article 16: Dispute Resolution
16.1 A Dispute shall be referred to a senior officer from each of the Transmission Administrator and the relevant Customer for resolution.
16.2 If the Dispute has not been resolved within thirty (30) days after referral to the senior officers, either the Transmission Administrator or the Customer may require, by written notice, that the Dispute be resolved through arbitration. The Transmission Administrator shall advise the AEUB of any matter going to arbitration within thirty (30) days of the matter being referred to arbitration. The parties shall appoint a mutually satisfactory arbitrator within ten (10) days of the notice to resolve the Dispute through arbitration. In the event that the parties cannot agree on a single arbitrator within ten (10) days, each party shall appoint an arbitrator within ten (10) days thereafter by written notice, and the two arbitrators shall together appoint a third arbitrator. In the event that a tribunal is required, the third arbitrator shall be appointed within twenty (20) days of written notice for arbitration. The arbitrator or tribunal shall render a decision within thirty (30) days of the last appointment. The Transmission Administrator shall advise the AEUB of the results of the arbitration within thirty (30) days of the Arbitrator’s decision. The Transmission Administrator shall also furnish the AEUB with a list of parties potentially affected by the results of the arbitration. The arbitration shall be conducted in accordance with the Arbitration Act (Alberta), as amended from time to time. In the event of a conflict between these Terms and Conditions and the Arbitration Act, these Terms and Conditions shall prevail.
16.3 Any interested party adversely and unduly affected by the decision of an arbitrator or a tribunal is entitled to make an application to the AEUB requesting a clarification or change to these Terms and Conditions.
16.4 Pending resolution of any Dispute, the Transmission Administrator and the Customer shall continue to perform their respective obligations under this Tariff.