| Sat, 04 Apr 2020

Dispute Resolution Process

Market Governance
Dispute Resolution Process

Overview of the WESM Dispute Resolution Process

The WESM Dispute Resolution process provides a cost-effective and expedient mechanism for the resolution of disputes among WESM Participants and between WESM Participants and the Market Operator (pursuant to Clause 1.2.2(d) of the WESM Rules).

There are three potential alternative dispute resolution steps in the WESM Dispute Resolution process. These are provided in the table below:

Dispute Resolution Steps

Definition

Forms and Reference Process

Negotiation

Refers to a dispute resolution process by which the involved parties voluntarily discuss their differences and attempt to reach an agreement which can be mutually agreed upon by them without the involvement of a third party.

WESM Negotiation Flowchart
Notice of Dispute Form

Document Request Form

Mediation

If parties fail to amicably resolve their dispute, the parties may submit the dispute for Mediation. In this ADR method, a mediator is selected by the disputing parties from the roster of WESM-Accredited Mediators, who will facilitate communication and negotiation, and will assist the parties in reaching a voluntary agreement regarding a dispute.

WESM Mediation Flowchart
Request for Mediation Form

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Arbitration

If the parties are unable to resolve their dispute through Mediation, a party may submit the dispute for Arbitration. Arbitration is a dispute resolution process in which three (3) arbitrators from the roster of WESM-Accredited Arbitrators are selected and appointed to constitute an Arbitral Tribunal to resolve a dispute by rendering an award.

WESM Arbitration Flowchart

Request for Arbitration Form

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Parties may refer to the WESM Dispute Resolution Handbook for a quick-guide to the dispute resolution process of&;the WESM, as well as;the dispute resolution forms and flowcharts enumerated below.

All dispute resolution documents must be submitted or copy-furnished, as applicable, to the following address:

Dispute Resolution Administrator
c/o DRA Secretariat – Legal Department
18th Floor, Robinsons Equitable Tower,
ADB Ave., Ortigas Center,
Pasig City 1600
E-mail: legal@wesm.ph