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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Alternative Dispute Resolution Regulations

Chapter III : Alternative Dispute Resolution Procedure

20. Appointment of adjudicator and timing of decision

 

 

1) Each provider must maintain and publish a list of adjudicators and their qualifications that is available to the public.

 

2) If the complainant or the registrant does not elect three adjudicators, the provider must appoint a single adjudicator, being the next available adjudicator appointed by rotation from its list of adjudicators, within five days following receipt of the response by the provider, or the lapse of the time period for the submission of the response.

 

3) The fees for a single adjudicator must be paid by the complainant in accordance with regulation 34.

 

4) If either the complainant or the registrant elects to have the dispute decided by three adjudicators, the provider must appoint three adjudicators in accordance with sub-regulation (6).

 

5) The fees for three adjudicators must be paid by the complainant, except where the election for three adjudicators was made by the registrant, in which case the applicable fees will be shared equally between the parties.

 

6) In the event that the complainant or the registrant elects to have a dispute decided by three adjudicators, the provider must appoint the next three available adjudicators appointed by rotation from its list of adjudicators.

 

7) Once an adjudicator is appointed, the provider must notify the parties of the adjudicator appointed and the date by which the adjudicator must forward a decision to the provider.