Rule 5 – Notice of Dispute and Response
5.1 An Applicant must deliver a Notice of Dispute (Form 1) to all participants and the board of the OLG and file it, with certificates of delivery (Form 2) and the Initial Filing Fee, with the Chair’s Office.
5.2 A Responding Party must deliver a Response (Form 3) to the Applicant, the other participants and the board of the OLG no later than 10 days after receiving the Notice of Dispute. The Response, certificates of delivery, and the Responding Party’s Initial Filing Fee must be filed with the Chair’s Office no later than 3 days after delivery to the other participants and the OLG.
5.3 Where the Response of some or all Responding Parties is identical they may file a Joint Response and pay one Initial Filing Fee and one Arbitration Fee. The Tribunal will direct those Responding Parties with respect to apportioning any Additional Arbitration Fees among them as it considers appropriate.
5.4 The Chair’s Office shall not proceed with appointing a Tribunal until all participants who are or reasonably could be an Applicant or a Responding Party have filed a Notice of Dispute or a Response, as the case may be, and paid all applicable fees.
5.5 Except with the permission of the Tribunal, a Party to the arbitration may not present evidence or representations at the arbitration about a material fact not contained in the Notice of Dispute or Response. The Tribunal may give its permission on any terms it considers appropriate.
Rule 6 – Delivery and Filing
6.1 The Notice of Dispute, the Response, and any other documents may be delivered and filed by hand, courier, facsimile transmission, or regular mail. Delivery to a Party’s representative is delivery to the Party. Documents or other materials filed for use in the arbitration must be delivered to all Parties.
6.2 The day a document is delivered is the day it is received by the other Party or its representative. Documents delivered by regular mail are considered delivered on the 5th day after mailing.
6.3 All filings must be received by the Chair’s Office during normal office hours (8:30 a.m. – 5:00 p.m.). Filings received outside normal office hours are considered filed on the next day.
Rule 7 – Notice of Resolution
7.1 Parties who resolve the dispute within 45 days of filing the Notice of Dispute must file a Notice of Resolution (Form 4) with the board of the OLG and the Chair’s Office no later than 3 days after the dispute is resolved.
Rule 8 – OLG Investigations
8.1 Within 3 days of receiving a Notice of Dispute, the OLG shall advise the Chair’s Office whether it has conducted an investigation with respect to the subject matter of the dispute and, if so, whether the investigation is complete.
8.2 Where an OLG investigation is ongoing, the arbitration and the time for taking any steps required by these Rules is suspended until:
- the OLG advises the Chair’s Office its investigation is complete; and
- the Chair’s Office has received the results of the investigation and summary of key findings.
8.3 The OLG shall immediately deliver the results of a completed investigation and summary of key findings to the Chair’s Office.
8.4 The Chair’s Office will advise the Parties where an OLG investigation is ongoing. The Chair’s Office will deliver copies of the investigation results and summary of key findings to the Parties within 3 days of receiving them. The results and summary will be delivered to the Tribunal at the time of its appointment.