Raising a Dispute Step Step Description Timing Method From / By To 1a Pricing Dispute Notify Market Operator of the Pricing Dispute by sending a completed Notice of Dispute Form (available on the Market Operator’s website). Within 5 WD of the relevant Imbalance Settlement Price being published. Email / Facsimile Raising Market Operator 1b Dispute arising from a Settlement Notify Market Operator of the Dispute by completing and sending a Notice of Dispute (available on the Market Operator’s website). Within 5 WD of receipt of the Market Operator’s determination in respect of a Settlement Query. / Facsimile Raising Party Market Operator 1c Dispute arising from a claimed conflict between the Code and other Legal Requirements Notify Market Operator of the Dispute by completing and sending a Notice of Dispute (available on the Market Operator’s website). Within 5 WD of a request from the Regulatory Authorities or the Market Operator in accordance with paragraph B.22.2.3 of the Code Email / Facsimile Raising Party Market Operator
1d Dispute other than those referred to at step 1a, step 1b and step 1c Notify Dispute Counterparty or Dispute Counterparties of the Dispute by sending a Notice of Dispute (available on the Market Operator’s website). Within 20 WD of Disputing Party being aware of the Disputed Event and in any event within 2 years of the Disputed Event Email / Facsimile Raising Party Dispute Counterparties 1e Dispute automatically arising from failure by Market Operator to issue a resolution in respect of a Settlement Query. Notice of Dispute is not required, go to step 3. Dispute arises on the date on which the Market Operator was required to issue a resolution in respect of the Settlement Query under the Code - - - 2 Send a copy of the Notice of Dispute to the Market Operator. If the Market Operator is a Dispute Counterparty, send a copy of the Notice of Dispute to the Regulatory Authorities. At the same time as step 1 Email / Facsimile Raising Party Market Operator or Regulatory Authorities (as appropriate) 3 If Dispute automatically arises step 1e above, provide notification to the Dispute Counterparty and the Regulatory Authorities that the Dispute has arisen. Within 5 WD of Dispute being deemed to arise Email / Facsimile Market Operator Dispute Counterparty and Regulatory Authorities 4 Market Operator identifies other potential Affected Participants and notifies them of the Dispute based on the high-level information set out in the Notice of Dispute. Within 5 WD or as soon as the Affected Participant is clearly identified Email / Facsimile Market Operator Affected Participants
7 In the event that any of the Disputing Parties wishes to extend the timescales for negotiating a resolution to the Dispute then the relevant Disputing Party shall inform the other Disputing Parties of the period for which the Disputing Party wishes to extend the Negotiation Period. If there are no requests for an extension, go to step 11. Within 10 WD of the meeting to resolve the Dispute under step 6 Email / Facsimile Disputing Party Market Operator (or Regulatory Authorities) and Dispute Counterparty(ies) 8 Disputing Parties meet to determine whether Negotiation Period should be extended. Within 2 WD of request to extend under step 7 or prior to expiry of the Negotiation Period, whichever is earlier Meeting or conference call Disputing Parties - 9 Minutes of this meeting shall be taken by the Market Operator (unless otherwise agreed) and circulated to Affected Participants. As soon as possible following meeting in step 8 Email / Facsimile Market Operator (or as otherwise agreed) Affected Participants 10 If all Dispute Counterparties agree to extend the Negotiation Period, send a request to the Market Operator or, if the Market Operator is a Disputing Party, the Regulatory Authorities, asking for consent to the agreed extension of the Negotiation Period. If the Market Operator or the Regulatory Authorities (as appropriate) agree to the extension, the Negotiation Period shall be extended in accordance with that agreement. On receipt of the confirmation from the Disputing Parties to extend the Negotiation Period Email / Facsimile Raising Party or, if agreed any other Disputing Party Market Operator Regulatory Authorities
11 If the attempt to resolve the Dispute has been successful during the Negotiation Period then notify the Market Operator, or, if the Market Operator is a Disputing the Regulatory Authorities, by delivering a completed Dispute Resolution Form (available on the Market Operator’s website) signed by all Disputing Parties. Go to step 14. Within 5 WD of resolution by negotiation Email / Facsimile Raising Party Market Operator (Regulatory Authorities) Dispute Counterparty or Dispute Counterparties 12 If the attempt to resolve the Dispute within the Negotiation Period has been unsuccessful a Disputing Party may send a Referral Notice to the Market Operator (or the Regulatory Authorities where the Market Operator is a Disputing Party) and a copy to the Disputing Parties, go to step 16. If the Dispute is not referred to the DRB by way of a Referral Notice, the Dispute is deemed to be withdrawn, end process. General Dispute: Within 20 WD of expiry of the Negotiation Period Credit Dispute: Within 5 WD of the expiry of the Negotiation Period Email / Facsimile Any Disputing Party Market Operator (Regulatory Authorities where the Market Operator is a Disputing Party) and a copy to the Dispute Counterparties 13 Unless the Market Operator determines that a manifest error has occurred under paragraph E.3.8.1 of the Code, a Disputing Party may send a Referral Notice to the Market Operator with a copy to the Regulatory Authorities, continue to step 17. If the Dispute is not referred to the DRB by way of a Referral Notice, the Dispute is deemed to be withdrawn, end process. Within 5 WD of the issue of the Notice of Dispute Email / Facsimile Any Disputing Party Market Operator and Regulatory Authorities
If are more than 2 Disputing Parties go to step 10. - - - - Hold a meeting to decide the composition of the DRB. If agreement on the composition of the DRB is reached, go to step 4, otherwise, notify the Chairperson and go to step 3. Within 10 WD of receipt of Referral Notice Meeting Disputing Parties - Chairperson determines the composition of the DRB, appoints the appropriate number of DRB members from the and notifies the Disputing Parties, Market Operator and Regulatory Authorities, go to step 12. Within 10 WD of receipt of notification at step 1 Email / Facsimile Chairperson Disputing Parties, Market Operator, Regulatory Authorities If the Disputing Parties agree to appoint a sole member DRB, go to step 6 - - - - If the Disputing Parties to appoint a three member DRB go to step 8 - - - - Agree the identity of the sole member of the DRB. If agreement is reached notify the DRB member, the Chairperson, Market Operator and Regulatory Authorities. If agreement is not reached, notify the Chairperson and go to step 7. Within 5 WD of agreement at step 1 Meeting and notification by / Facsimile All Disputing Parties DRB member, Chairperson, Disputing Parties, Market Operator, Regulatory Authorities
Chairperson determines the composition of the DRB (i.e. sole member or member DRB), nominates the member(s) of the DRB and notifies the relevant persons Within 10 WD of receipt of request from Disputing Parties at step 10 Email / Facsimile Chairperson DRB members, Chairperson, Market Operator, Regulatory Authorities Meet to finalise and execute Dispute Resolution Agreement in the form set out at Appendix B “Dispute Resolution Agreement” of the Code. Within 15 WD of appointment of DRB Meeting DRB and Disputing Parties - If at any stage any member of DRB declines or is unable to act for reasons set out in the Code, that member must notify the Disputing Parties and the Chairperson. Immediately following nomination, or if subsequent event gives rise to inability to act, immediately following that event Email / Facsimile DRB member Chairperson and Disputing Parties If at any stage the Disputing Parties terminate the appointment of any member of the DRB pursuant to paragraph B.19.7.2 of the Code, the Disputing Parties shall notify the Chairperson. Immediately following unanimous agreement to terminate appointment Email / Facsimile Disputing Parties Chairperson Chairperson shall nominate and notify a replacement member and proceed with process in accordance with steps 1 to 11, or, if a Dispute Resolution Agreement is already executed, arrange for new member to execute in place of outgoing member. Within 5 WD of notification at step 14 Email / Facsimile Chairperson New DRB member and Disputing Parties