Dispute Resolution

The IESO's dispute resolution process is used for disputes:

• that arise under the market rules or certain agreements to which the IESO is a party
• relating to orders by the IESO denying authorization to a prospective market participant or denying registration to a prospective metering service provider
• between market participants, which do not necessarily involve the IESO

Three potential steps exist in the dispute resolution process following the service of a notice of dispute.

1.  Good faith negotiations

The process begins with good faith negotiations between the disputing parties. The parties assign a representative to the negotiation that has the authority to negotiate the matter in dispute.

2.  Mediation

If a negotiated agreement is not possible, one of the parties files a notice of dispute with the Secretary of the Dispute Resolution Panel and then serves it to the other disputants. Parties receiving such a notice must serve and file a response within 10 days.

At this point, the Secretary appoints a mediator and parties sign a confidentiality agreement. Each party bears its own costs at mediation and shares equally in the cost of the mediation process. If the parties agree to dispense with mediation, the mediation is not successful, or the allotted time runs out, the process then proceeds to arbitration.

See good faith negotiations and mediation flow chart. 

3.  Arbitration

If the dispute is not resolved through mediation, the Secretary appoints an arbitrator to schedule a hearing. Parties to the dispute also have the option of selecting from a list of five arbitrators. Summaries of the dispute are made public at this time on the IESO website. No less than five days prior to the hearing, directly affected parties may seek to intervene.

The arbitrator will, within 30 days of the end of the hearing, deliver any award that is just and reasonable, and may include, but is not limited to, penalties, damages and costs. The arbitrator's award is fully enforceable under the law and is subject to the appeal provisions of the Electricity Act, 1998.

More information is available on the arbitration flow chart.

Dispute resolution forms 

All dispute resolution documents must be filed with the Secretary at the following address:

Secretary, Dispute Resolution Panel
1600-120 Adelaide Street West
Toronto, ON M5H 1T1
Fax: 416.506.2843
Email: IESO-LegalServices@ieso.ca

Related information

Market Rules: Chapter 3 - Administration, Supervision, Enforcement

Market Manual 2: Market Administration 2.1: Dispute Resolution