This Arbitration Protocol applies to any arbitration initiated by a customer (“the Customer”) of SaskTel. All arbitrations will be conducted pursuant to the relevant provisions of The Arbitration Act, 1992 of Saskatchewan. Upon receiving a notice of arbitration in any form from the Customer, SaskTel will ensure that the Customer is provided with a copy of this Protocol or that in effect at the time of initiation of the arbitration.
Selection of Arbitrator
The Customer and SaskTel will take all necessary steps to ensure that the arbitration conducted pursuant to this Protocol is heard and determined by a single neutral, unbiased, and experienced decision maker. SaskTel and the Customer will mutually agree on the arbitrator. If the parties cannot agree on the arbitrator within 15 days of the first communication respecting the identification of the arbitrator, either party may apply the Court of Queens Bench seeking an order appointing an arbitrator.
Place of Arbitration
The arbitration will be held in Saskatchewan at a place agreed to by the parties, or, failing agreement, one chosen by the arbitrator.
Procedure of Arbitration
The arbitrator will establish procedures to be followed in the arbitration, including relating to documentary production, oral discovery rights (if any), evidence, procedural motions, and the conduct of the hearing, with a view to conducting the arbitration on a simplified, inexpensive, and expeditious basis, while at the same time ensuring that the substantive and procedural rights of the parties are protected, and that the arbitration process is fair to both parties. For greater certainty, both parties will have the right to adduce evidence and to make full submissions.
The arbitrator will render his or her decision within thirty (30) days of the conclusion of the hearing, unless both parties agree on an extension.
Either party may commence court proceedings to enforce the arbitration award thirty (30) days after the date of the arbitrator’s decision.
Representation by Lawyer or Agent
Either party may be represented at the arbitration by a lawyer or any other person.
In first instance, SaskTel will pay the fees and expenses charged by the arbitrator, provided that this does not affect the right of the arbitrator to direct as part of his or her award that these fees and expenses should be born by the Customer in accordance with the provision “Award of Costs”.
SaskTel will pay all costs or expenses associated with the use of any facilities required for the hearing of the arbitration provided that this does not affect the right of the arbitrator to direct as part of his or her award that these fees and expenses should be born by the customer, in accordance with the provision “Award of Costs”.
Award of Costs
The arbitrator may award costs (including any expenses of the arbitration paid by the Customer) against SaskTel in the event that the Customer is successful in the arbitration.
The arbitrator may only award costs (including any expenses of the arbitration paid by SaskTel) against the Customer in the event the arbitrator concludes that the Customer acted unreasonably, improperly or in bad faith in initiating and/or proceeding with the arbitration. Any costs awarded in favour of SaskTel will not exceed the amount of costs that could reasonably be awarded in Small Claims Court, or similar proceedings, in Saskatchewan.
Rights of Appeal and Review
The parties have the rights of appeal and judicial review provided for in the Arbitration Act, 1992 of Saskatchewan.
Changes to this Protocol
SaskTel reserves the right to change this arbitration protocol from time to time by posting a replacement at www.sasktel.com or its replacement site from time to time. The arbitration will be governed by the protocol in effect at the time of initiation of the arbitration.