indirectly affected by any obligation imposed upon them, as a result of placing their
equipment or services at the disposal of the State upon the declaration of general or
partial mobilization, emergency or in cases of natural or environmental disaster.
Chapter Thirteen - Resolving Disputes and Complaints
Article 52 Dispute Resolution Committee
(a)
A permanent committee with judicial powers, named “The Telecommunications
Regulatory Authority Committee for Dispute Resolution,” shall be established within
the Authority. It shall have jurisdiction to review any civil and commercial disputes
arising between Licensees.
(b)
The Committee shall consists of three members, including a judge to be nominated by
the Minister of Justice, having expertise and knowledge of Telecommunications and
Information disputes; one member of the Board of Commissioners; and an expert
specialized in the field of Telecommunications and Information Technology. The Prime
Minister shall issue a resolution to form this Committee based on a proposal by the
Minister.
(c)
Both members of the Committee shall perform the following oath before its President:
“I swear by the Name of the almighty God, to conduct my mission in sincerity and
honesty and not disclose the secrets of deliberations.”
(d)
The Committee shall rule on the dispute within a period not to exceed four months from
the date on which the dispute was referred to it. The Committee may extend this period
one time by a reasoned decision.
(e)
The Committee shall render its decisions in last recourse. Its decisions are subject to
challenge before the Court of Cassation in accordance with the times and procedures
provided for challenge of judgments rendered by civil appellate courts. The judgment of
the Court of Cassation shall be rendered in accordance with the procedures followed by
that court.
(f)
The Committee’s rules of procedures, including nomination of its clerk and its staff,
shall be issued by resolution of the Council of Ministers. The rules and procedures set
forth in the code of civil procedures in force shall apply to all matters not expressly
included in the Committee’s rules of procedures, to the extent they are not inconsistent
with the provisions of this Law and the Executive Provisions.
Article 53 Arbitration
(a)
Parties may explicitly agree before the start of a dispute or after it has arisen to resort to
arbitration. The Dispute Resolution Committee shall refer the dispute between
Licensees to arbitration upon the parties’ request.
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