=== dc2018-05-0016-pages-01.ppm === Republic of the Philippines DEPARTMENT OF ENERGY DEPARTMENT CIRCULARNO. PC &CIS- 65- Cole ADOPTING FURTHER AMENDMENTS TO THE WHOLESALE ELECTRICITY SPOT MARKET (WESM) RULES AND MARKET MANUAL ON DISPUTE RESOLUTION WHEREAS, Sections 30 and 37(f) of the Electric Power Industry Reform Act (EPIRA) provides that the DOE, jointly with the electric power industry participants, shall establish the Wholesale Electricity Spot Market (WESM) and formulate the detailed rules governing the operations thereof, WHEREAS, on 28 June 2002, the DOE, with the endorsement of the electric power industry participants, promulgated the WESM Rules through Department Circular No. DC2002-06-003; WHEREAS, any changes, amendments, and modifications to the WESM Rules including its Market Manuals shall be undertaken in accordance with the provisions of Chapter 8 thereof: WHEREAS, 14 September 2017 the Dispute Resolution Administrator (DRA) submitted and presented to the Rules Change Committee (RCC) the Proposed Amendments to the WESM Rules and WESM Market Manual on Dispute Resolution; WHEREAS, the DRA’s proposal aims to enhance the procedures in the WESM mediation and arbitration and to update the provisions for schedule of arbitration fees and administrative costs; WHEREAS, during the same meeting on 14 September 2017, the RCC approved the publication of the said DRA’s proposal in the WESM website to solicit comments from market participants and other interested parties; WHEREAS, on 10 November 2017, the RCC during its 135° RCC Meeting deliberated on the said proposal giving due course to the comments received from market participants and the DOE, which thereafter, finalized and approved the proposal for endorsement to the PEM Board; WHEREAS, on 28 February 2018, after due evaluation and deliberation, the PEM Board during its 132" PEM Board Meeting approved for endorsement to the DOE the above stated RCC proposal; WHEREAS, on 08 March 2018, the PEM Board-approved amendments to the WESM Market Manual on Dispute Resolution were submitted to the DOE for final approval, in compliance with Chapter 8 of the WESM Rules; Energy Center, Rizal Drive, Bonifacio Global City, Taguig City, Metro Manila, Phitippines Tels.: (Trunks) 840-1401 to 40; Fax 840-2067; 840-2236; 840-2067 (Domestic); 632-840-2173; 632-840-2236; 632-840-2067 (International) === dc2018-05-0016-pages-02.ppm === WHEREAS, the DOE reviewed the said PEM Board-approved proposal, made minor revisions, and considered it consistent with the objectives of the WESM such as transparency and efficiency; NOW THEREFORE, pursuant to its authority under the EPIRA and the WESM Rules - the DOE hereby adopts, issues, and promulgates the following amendments to the WESM Rules and Dispute Resolution Market Manual: Section 1. Amendments to the WESM Rules. The following provisions in the WESM Rules are hereby amended: (a) New Clause 7.3.8 under Disputes on Application for Registration is added to read as — “7.3.8 Interim and Emergency Relief A party in need of urgent interim or conservatory relief prior to the constitution of the tribunal may apply for such relief pursuant to the procedures set forth in the Dispute Resolution Market Manual.” (b) Original Clause 7.3.8 (Legal Representation) under Disputes on Application for Registration is renumbered to read as — “7.3.9 Legal Representation XXX XXX XXX (c) Original Clause 7.3.9 (Cost of Dispute Resolution) under Disputes on Application for Registration is renumbered to read as — “7.3.10 Cost of Dispute Resolution XXX XXX XXX (d) Original Clause 7.3.10 (Effect of Resolution) and its sub-clauses under Disputes on Application for Registration is renumbered to read as — “7.3.11 Effect of Resolution 3] XXX XXX XXX (e) Original Clause 7.3.11 (Recording and Publication) and its sub-clauses under Disputes on Application for Registration is renumbered to read as — “7.3.12 Recording and Publication ” XXX XXX XXX (f) Original Clause 7.3.12 (Limitation of Liability) under Disputes on Application for Registration is renumbered to read as — DC cts .€5~¢ok- Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 2/26 === dc2018-05-0016-pages-03.ppm === “7.3.13 Limitation of Liability XXX XXX XXX Section 2. Amendments to the WESM Market Manual on Dispute Resolution. The following provisions in the Dispute Resolution Market Manual are hereby amended: (a) The term “DRA Secretariat’ is added under Section 2.1 Definitions to read as “DRA Secretariat refers to the Market Assessment Group tasked to assist the DRA in the performance of his/her responsibilities under the WESM Rules.” (b) Original term “Secretariat” under Section 2.1 Definitions is amended to read as — “ADR Support Service Center (ASSC) refers to the WESM-accredited ADR secretariat appointed to a particular case assisting the Mediator and/or Arbitral Tribunal.” (c) Section 3.1.1 under Dispute Categories and Parties is amended to read as — “3.1.1 As established in the WESM Rules, the provisions and procedures in this Manual shall apply in the case of disputes that may arise between or among any of the following parties: XXX XXX XXX (c) The PEM Board and its working groups, except the Dispute Resolution Administrator, (d) WESM Members; and (e) Intending WESM Members For disputes arising under or in connection with or in relation to one or more of the following: XXX XXX XXX (c) Any act, omission or behavior by any of the parties mentioned above in a manner inconsistent with the WESM Rules: (d) Any obligation to settle payment under the WESM Rules; (e) Any dispute under or in relation to a contract between two or more persons or entities referred to in Clauses 3.1.1 (a) to (e) where the contract provides that the dispute resolution procedures under the WESM Rules are to apply to any dispute under or in relation to that contract with respect to the application of WESM Rules; (f) A dispute under or in relation to the rules and regulations issued by the ERC and DOE under the Act, where such rules and regulations provide that the dispute resolution procedures under the WESM Rules are to apply to any dispute under or in relation to those rules and regulations; or DC 208 -¢5-tl¢é— Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 3/26 === dc2018-05-0016-pages-04.ppm === (g) Any dispute relating to or in connection with a transaction in the WESM.” (d) Section 6.2.4 under Selection and Accreditation is amended to read as — “6.2.4 WESM ADR Support Service Centers 6.2.4.1 Only those companies or organizations which have adequate facilities, trained staff, tested organization and systems, and have the experience in administering ADR cases, may be eligible for accreditation as WESM ADR Support Service Centers (ASSC). XXX XXX XXX 6.2.4.2 Pending the availability of ASSC/s having the qualifications prescribed in this Manual and their being duly accredited as such, the DRA shall tap individuals he/she deems could adequately provide the needed support services on an ad hoc/temporary basis until such time that said services are required or the case is closed, whichever comes first.” (e) Section 7.1.1 under Disputes between WESM Members and the System Operator and the Market Operator is amended to read as — “7.1.1 When a dispute regarding one of the matters described in this Manual arises between and/or among WESM Members including the System Operator and Market Operator, the parties must go through the following steps: XXX XXX XXX (d) Should the parties decide to dispense with mediation and, provided that there has been a determination by the DRA within ninety (90) calendar days from receipt of the dispute that the same is a WESM dispute under Section 2.1(00) of this Manual, directly proceed to arbitration, the parties may elect to do so subject to the issuance by the Dispute Resolution Administrator of a certification stating that mediation is no longer a viable option for the parties.” (f) Original Section 7.3.1 under Disputes on Application for Registration is hereby deleted. (g) Section 8.3.2 under Negotiation is amended to read as — “8.3.2 Parties shall be represented by individuals of sufficiently senior status in their organization and/or other representatives, duly authorized in writing to negotiate the matter in dispute and to participate in the negotiation procedures.” (h) Section 8.4.1 under Referral of Dispute to the DRA is amended to read as — “8.4.1 To properly refer a dispute to the Dispute Resolution Administrator and trigger the procedures established in this Manual, a party must file a written DC2e1g- es colt - Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 4/26 === dc2018-05-0016-pages-05.ppm === notice of dispute with the Dispute Resolution Administrator by way of a Request for Mediation (RM), in such form as the Dispute Resolution Administrator may prescribe. The party filing the RM shall be known as the Claimant/s and shall furnish copies of such notice to all parties involved in the dispute that the party is aware of. The notice shall describe: XXX XXX XXX (b) A brief history of the dispute including: (i) The nature and time of the dispute; (ii) The specific WESM transaction(s) which is/are the subject(s) of the dispute; ” XXX XXX XXX (i) Section 8.4.3 under Referral of Dispute to the DRA is amended to read as — “8.4.3 Within ninety (90) calendar days from the receipt of the RM, the DRA will assess the RM and determine whether the allegations and issues contained therein are considered a WESM dispute under Section 2.1 (nn) of this Manual covered by the dispute resolution procedures under the WESM Rules, taking into account: ” XXX XXX XXX (j) Section 8.4.5 under Referral of Dispute to the DRA is amended to read as — "8.4.5 If the Dispute Resolution Administrator makes a_ preliminary determination that the dispute is a WESM dispute under Section 2.1 (nn) of this Manual, he/she shall request the Market Operator for information as to which other WESM Members may be affected by the dispute. The Dispute Resolution Administrator shall notify all other relevant parties that may be involved in or affected by the dispute, whether or not identified in the Claimant/s’s RM, in such form as the Dispute Resolution Administrator may prescribe and may, where applicable, transmit a copy of the RM within five (5) calendar days from receipt thereof.” (k) New Section 8.4.6 under Referral of Dispute to the DRA is added to read as — “8.4.6 The Dispute Resolution Administrator may summon all parties to attend a compulsory meeting, whether conducted in-person or remotely via electronic or similar medium, for the purpose of expediently identifying which parties intend to participate in the mediation, and selecting and appointing the mediator in accordance to Section 8.5.6.” (!) Section 8.5.6 under Mediation is amended to read as — "8.5.6 The parties involved shall then choose the mediator by alternately striking off one name at a time from the list with the last name on the list DC «i$ -5-celt - Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 5/26 === dc2018-05-0016-pages-06.ppm === becoming the mediator. The party which initiated the complaint shall have the right to strike off first from the list. If the parties fail to select a mediator after five (5) business days from receipt of the list of nominees or within the meeting convened for the purpose, whether conducted in-person or remotely via electronic or similar medium, the Dispute Resolution Administrator shall select and appoint the mediator, which selection and appointment are binding and final among the parties.” (m)New Section 8.5.7 under Mediation is added to read as — “8.5.7 The Mediator shall, upon his appointment, sign a statement of acceptance, impartiality, independence and agreement to devote as much time and attention to the mediation as the circumstances require in order to achieve the objective of a speedy, effective and fair resolution of the dispute. The Mediator shall disclose in writing to the DRA and to the parties any facts or circumstances which might be of such a nature as to call into question the mediator’s independence as well as any circumstances that could give rise to reasonable doubts as to the mediator’s impartiality.” (n) New Section 8.5.8 under Mediation is added to read as — “8.5.8 Appointment of ADR Support Service Center (ASSC) The Dispute Resolution Administrator shall appoint the ASSC who shall assist the mediator in facilitating the mediation proceedings. The ASSC which shall provide administrative support in the case shall be selected on rotation basis among the WESM-accredited ASSCs. Once the ASSC has been appointed, the Dispute Resolution Administrator Secretariat shall turnover to the ASSC the files of the case, and the handling of the account opened for the particular mediation case.” (0) Original Section 8.5.7 (Fees and Cost) and its sub-sections under Mediation are renumbered and amended accordingly to read as — “8.5.9 Fees and Cost 8.5.9.1 The party or parties filing a RM shall pay an advance on mediation fees and costs, as set out in the Annex D hereto. No RM shall be processed unless accompanied by the requisite advance. Such advance will be refunded if the Dispute Resolution Administrator determines that the RM does not raise a WESM dispute within thirty (30) calendar days from the issuance of the determination. 8.5.9.2 If the Dispute Resolution Administrator has determined that the RM raises a WESM dispute, the DRA Secretariat or the ASSC shall request the parties to pay within five (5) business days a deposit in an amount likely to cover the administrative expenses of the Secretariat and the fees and expenses of the Mediator for the Mediation proceedings, as set out in the DC_@iS-c5-Clé~ Adopting Further Amendments to. the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 6/26 === dc2018-05-0016-pages-07.ppm === Annex C hereto. The Mediation proceedings shall not proceed until payment of such deposit has been received by the Secretariat. 8.5.9.3 In any case where the Dispute Resolution Administrator considers that the deposit is not likely to cover the total administrative costs of the Mediation proceedings, the amount of such deposit may be subject to adjustment and/or readjustment. The parties shall be notified in writing by the Dispute Resolution Administrator of such determination and the reasons therefor. The Dispute Resolution Administrator may stay the Mediation proceedings until the corresponding payments are made by the parties. 8.5.9.4 Upon termination of the Mediation proceedings, the Secretariat shall prepare and render an accounting of the total costs of the proceedings and shall, as the case may be, refund to the parties for any excess payment or bill the parties any balance required pursuant to this Manual. 8.5.9.5 All above deposits and costs shall be borne in equal shares by the parties, unless they agree otherwise in writing. However, any party may be free to, within the period stated in the request for payment of deposit, pay the unpaid balance of such deposits and costs should another party fail to pay its share. XXX XXX XXX 8.5.9.7 If any of the parties refuse or fail to pay its share of mediation fees and costs, the Dispute Resolution Administrator may direct the Market Operator to enforce the settlement of such payment, or request the PEM Board on behalf of the affected party to make a demand for payment, or both. The Dispute Resolution Administrator may declare a failure of mediation in any event the required deposit is not paid.” (p) Original Section 8.5.8 under Mediation is renumbered and amended accordingly to read as — “8.5.10 The parties shail have thirty (30) calendar days within which to complete the mediation process, unless the time is extended by mutual agreement. The mediator shall propose and the parties shall agree on the mediation milestones and timetable.” (q) Original Section 8.5.9 under Mediation is renumbered to read as — “8.5.11 With the assistance of the mediator, the parties in dispute shall attempt in good faith to resolve their dispute following the procedures and timetable established by the mediator.” (r) Original Section 8.5.10 under Mediation is renumbered to read as — “8.5.12 To facilitate the mediation, the mediator may: DC 2ur-€$-col — Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 7/26 === dc2018-05-0016-pages-08.ppm === (a) Require the parties to meet for face-to-face discussions, with or without the mediator; (b) Act as intermediary between the disputing parties; and/or (c) Require the disputing parties to submit written statement of issues and positions.” (s) Original Section 8.5.11 under Mediation is renumbered to read as — “8.5.13 If a settlement agreement has been reached by the parties to the dispute, the Mediator shall send within the next five (5) business days, a report of a settlement agreement being reached including, when appropriate, a summary of the settlement agreement to: (a) The DRA; and (b) The PEM Board.” (t) Original Section 8.5.12 under Mediation is renumbered to read as — “8.5.14 If after the meeting described in the previous section the parties are unable to resolve the dispute: (a) The parties and/or the Mediator shall sign a declaration that the mediation has failed and is terminated, and the mediator shall send a copy thereof to the DRA; and (b) The recommendation of the Mediator, and any statements made by any party in the mediation process, shall have no further force and effect, and shall not be admissible for any purpose, in the arbitration or any administrative or judicial proceeding.” (u) Original Section 8.5.13 under Mediation is renumbered to read as — “8.5.15 Upon the written declaration and transmittal thereof that the mediation has failed, the Mediator shall cause the destruction of all documents made in connection with the mediation process. Any statements made or documents submitted during the mediation process shall have no legal effect and shall not be admissible for any purpose, in arbitration, or any administrative or | judicial proceeding.” (v) Original Section 8.5.14 under Mediation is renumbered to read as — “8.5.16 The agreement reached during a mediation process shall be binding and enforceable on each and all the parties in dispute. The resolution therein shall be considered as an obligation under WESM Rules and shall include, but not limited to: (a) any decision on settlement of payment; and/or (b) any provision as to specific performance by any of the parties.” (w) Original Section 8.5.15 under Mediation is renumbered to read as — DC_aois_ ¢5-dé— Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 8/26 === dc2018-05-0016-pages-09.ppm === “8.5.17 Failure to comply with the agreement reached during the mediation process shall be considered a breach.” (x) Original Section 8.5.16 under Mediation is renumbered to read as — “8.5.18 Neither the Mediator, nor the DRA and the members of its Secretariat shall be liable for any loss or damage suffered by a Participant or any other person as a consequence of any act or omission of those persons unless the Mediator, DRA and the members of its Secretariat acted with malice, manifest partiality, bad faith, gross incompetence or gross negligence.” (y) Section 9.2.1.1 under Request for Arbitration is amended to read as — “9.2.1.1 Subject to Section 7.1.1 (d) or 8.5.14, as the case may be, a party wishing to have recourse to arbitration under these Arbitration Rules shall submit its Request for Arbitration (RA) to the Dispute Resolution Administrator. The Secretariat shall notify the Claimant(s) and Respondent(s) of the receipt of the RA and the date of such receipt.” (z) Section 9.2.1.3 under Request for Arbitration is amended to read as — “9.2.1.3 The RA shall contain the following information: XXX XXX XXX (d) specific WESM transaction(s) that is/are the subject of the dispute; (e) a statement of the relief sought, together with the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims; ” XXX XXX XXX (aa) Section 9.2.1.4 under Request for Arbitration is amended to read as — “9.2.1.4 Together with the RA, the Claimant/s shall: XXX XXX XXX (b) make payment of an advance on arbitration fees and costs required by Annex E hereto (“Arbitration Costs and Fees”) in force on the date the RA is submitted. In the event that the Claimant/s fail to comply with either of these requirements, the Dispute Resolution Administrator may fix a time limit within which the Claimant/s must comply, failing which, the file shall be closed without prejudice to the Claimant/s’s right to submit the same claims at a later date in another RA.” (bb) Section 9.2.1.5 under Request for Arbitration is amended to read as — DC 2ci§-¢F-cc1e~ Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual! on Dispute Resolution 9/26 === dc2018-05-0016-pages-10.ppm === “9.2.1.5 The Secretariat shall transmit a copy of the RA and the documents annexed thereto to the Respondent for its Answer to the Request once the Secretariat has sufficient copies of the Request and the required advance on arbitration fees and costs pursuant to Section 9.9.1.” (cc) Section 9.2.2.1 under Answer to the Request: Counterclaims is amended to read as — “9.2.2.1 Within fifteen (15) calendar days from the receipt of the RA from the Secretariat, the Respondent shall submit an Answer which shall contain the following information: oy XXX XXX XXX (dd) Section 9.2.2.6 under Answer to the Request: Counterclaims is amended to read as — “9.2.2.6 The Claimant shall submit a Reply to any counterclaim within ten (10) calendar days from the date of receipt of the counterclaims communicated by the Secretariat. Prior to the ‘transmission of the files of the case to the Arbitral Tribunal, the Dispute Resolution Administrator may grant the Claimant no more than one (1) extension of time for submitting the Reply.” (ee) Section 9.5.2 under Challenge and Replacement of Arbitrators is amended to read as — “For a challenge to be admissible, it must be submitted by a party either within ten (10) calendar days from receipt by that party of the notification of the appointment or confirmation of the arbitrator, or within ten (10) calendar days from the date when the party making the challenge was informed of the facts and circumstances on which the challenge is based if such date is subsequent to the receipt of such notification.” (ff) New Section 9.6 under The WESM Arbitration Rules is added to read as — “Appointment of ADR Support Service Center (ASSC) Unless an ASSC has already been appointed for the case under Section 8.5.7, the Dispute Resolution Administrator shall appoint the ASSC who shall assist the Arbitral Tribunal in facilitating the arbitration proceedings. The ASSC which shall provide administrative support in the case shall be selected on rotation basis among the WESM-accredited ASSCs. Once the ASSC has been appointed, the Dispute Resolution Administrator Secretariat shall turnover to the ASSC the files of the case who shall keep safe and secure custody of the same on behalf of the Arbitral Tribunal, and the handling of the deposit account opened for the purpose of the arbitration.” (gg) Original Section 9.6 (The Arbitral Proceedings) and its sub-sections under the WESM Arbitration Rules is renumbered and amended to read as — DC2i&.es-cej¢— Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 10/26 === dc2018-05-0016-pages-11.ppm === “9.7 The Arbitral Proceedings 9.7.1 Transmission of the File of the Dispute to the Arbitral Tribunal The Dispute Resolution Administrator Secretariat or the ASSC, as the case may be, shall transmit the file of the arbitration to the Arbitral Tribunal as soon as it has been constituted, provided the advance on fees and costs requested at this stage has been paid. 9.7.2 Proof of Authority XXX XXX XXX 9.7.3 Place of Arbitration XXX XXX XXX 9.7.4 Rules Governing the Proceedings XXX = XXX XXX 9.7.5 Applicable Rules of Law XXX XXX XXX 9.7.6 Conduct of the Arbitration XXX = XXX XXX 9.7.7 Terms of Reference 9.7.7.1 As soon as it has received the file of the arbitration from the Dispute Resolution Administrator Secretariat or the ASSC, the Arbitral Tribunal shall draw up, on the basis of documents or in the presence of the parties and in the light of their most recent submissions, a document defining its Terms of Reference. XXX XXX XXX (g) particulars of the applicable procedural rules and, if such is the case, reference to the power conferred by the parties upon the Arbitral Tribunal in accordance with Section 9.7.5.3 to act as amiable compositeur (i.e., one having the power to depart from the strict application of rules of law and decide a dispute according to justice and fairness) or to decide ex aequo et bono (i.e., according to what is just and fair, or according to equity and good conscience). XXX XXX XXX 9.7.7.3 However, if any of the parties refuse to take part in drawing up of the Terms of Reference or to sign the same, it shall be submitted to the Dispute DC 26/§- es-cclé— Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 11/26 === dc2018-05-0016-pages-12.ppm === Resolution Administrator for approval. When the Terms of Reference have been signed in accordance with Section 9.7.7.2 or approved by the Dispute Resolution Administrator, the arbitration shall proceed. XXX XXX XXX 9.7.8 Case Management Conference and Procedural Timetable 9.7.8.1 When drawing up the Terms of Reference or as soon as possible thereafter, the Arbitral Tribunal shall convene a case management conference to consult the parties on procedural measures that may be adopted pursuant to Section 9.7.6.2. Such measures may include one or more of the case management techniques described in Annex B hereto. XXX XXX XXX 9.7.9 Establishing the Facts of the Case | XXX XXX XXX 9.7.10 Hearings XXX XXX XXX 9.7.12 Closing of the Proceedings and Date for Submission of Draft Awards As soon as possible after the last hearing concerning matters to be decided in an award or the filing of the last authorized submissions concerning such matters, whichever is later, the Arbitral Tribunal shall: XXX XXX XXX (b) inform the Secretariat and the parties of the date by which it expects to submit its draft award to the Dispute Resolution Administrator Secretariat for scrutiny as to form and mathematical computations. 3 XXX XXX XXX (hh) Original Section 9.7 (Documents and Other Information) and its sub-sections under The WESM Arbitration Rules are renumbered to read as — “9.8 Documents and Other Information 3 XXX XXX XXX (ii) Original Section 9.8 (Interim Measures; Awards) and its sub-sections under The WESM Arbitration Rules are renumbered and amended to read as — “9:9 Interim Measures; Awards 9.9.1 Conservatory and Interim Measures DC aes. ¢$-ecie— Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 12/26 === dc2018-05-0016-pages-13.ppm === XXX XXX XXX 9.9.2 Emergency Arbitrator 9.9.2.1 A party that needs urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal (“Emergency Measures’) | may make an application for such measures pursuant to the Emergency | Arbitrator Rules in Annex C. Any such application shall be accepted only if it is received by the DRA Secretariat prior to the transmission of the file to the arbitral tribunal pursuant to Section 9.6.1 of the Manual and irrespective of whether the party making the application has already submitted its Request for Arbitration. 9.9.2.2 The emergency arbitrator's decision shall take the form of an order. The parties undertake to comply with any order made by the emergency arbitrator. 9.9.2.3 The emergency arbitrator's order shall not bind the arbitral tribunal with respect to any question, issue or dispute determined in the order. The arbitral tribunal may modify, terminate or annul the order or any modification thereto made by the emergency arbitrator. 9.9.2.4 The arbitral tribunal shall decide upon any party’s requests or claims related to the emergency arbitrator proceedings, including the reallocation of the costs of such proceedings and any claims arising out of or in connection with the compliance or non- compliance with the order. 9.9.2.5 The Emergency Arbitrator Provisions are not intended to prevent any party from seeking urgent interim or conservatory measures from a competent judicial authority at any time prior to making an application for such measures, and in appropriate circumstances even thereafter, pursuant to the Rules. Any application for such measures from a competent judicial authority shall not be deemed to be an infringement or a waiver of Clause 7.3.1.1 of the WESM Rules. Any such application and any measures taken by the judicial authority must be notified without delay to the DRA Secretariat.” aed Original Section 9.8.2 (Time Limit for the Final Award) and its sub-sections under Interim Measures; Awards are renumbered and amended accordingly to read as — di “9.9.3 Time Limit for the Final Award 9.9.3.1 The Arbitral Tribunal must render its final Award within six (6) months reckoned from the date of the last signature by the Arbitral Tribunal and the parties of the Terms of Reference or, in the case of application of Section 9.7.7.3, the date of the notification to the Arbitral Tribunal by the Secretariat of | the approval of the Terms of Reference by the Dispute Resolution Administrator, whichever is later. XXX XXX XXX DC pos -ts -ctie — Adopting Further Amendments to the Wholesale Electricity Spot Market (WESM) Rules and Market Manual on Dispute Resolution 13/26 === dc2018-05-0016-pages-14.ppm === 9.9.4 Making of the Award XXX XXX XXX 9.9.5 Award by Consent XXX XXX XXX 9.9.6 Notification, Deposit and Enforceability of the Award XXX XXX XXX 9.9.7 Correction and Interpretation of the Award; Remission of Awards 9.9.7.1 On its own initiative, the Arbitral Tribunal may correct a clerical, computational or typographical error, or any errors of similar nature contained in an Award, provided such correction is submitted for approval to DRA within fifteen (15) calendar days of the date of such award. 9.9.7.2 Any application of a party for the correction of an error of the kind referred to in Section 9.8.6.1, or for the interpretation. of an Award, must be made to the Secretariat within fifteen (15) calendar days of the receipt of the award by such party, in a number of copies as stated in Section 9.1.2.1. After transmittal of the application to the Arbitral Tribunal, the latter shall grant the other party time not exceeding fifteen (15) calendar days from the receipt of the application by that party, to submit any comments thereon. The Arbitral Tribunal shall submit its decision on the application in draft form to the DRA not later than thirty (30) calendar days following the expiration of the time limit for the receipt of any comments from the other party or within such other period as the DRA may decide. 9.9.7.3 A decision to correct or to interpret the award shall take the form of an addendum and shall constitute part of the Award. The provisions of Sections 9.9.4, 9.9.6 and 9.9.7 apply mutatis mutandis. 9.9.7.4 Where a competent authority remits an award to the Arbitral Tribunal, the provisions of Sections 9.9.4, 9.9.6 and 9.9.7 and this Section 9.9.7.4 shall apply mutatis mutandis to any addendum or Award made pursuant to the terms of such remission. The Dispute Resolution Administrator may take any steps as may be necessary to enable the Arbitral Tribunal to comply with the terms of such remission and may fix an advance payment to cover any additional fees and expenses of the Arbitral Tribunal and any additional Secretariat administrative expenses.” (kk) Original Section 9.9 (Costs and Payments) and its sub-sections under The WESM Arbitration Rules are renumbered and amended accordingly to read as — 9.10 Costs and Payments DC asix ¢%-