ARTICLE TEN
DISPUTE RESOLUTION

10.01 Reference to Referee or Arbitrator (top)

A person making a Claim may, within 30 days after he or she receives notice of the Administrator's decision respecting his or her Claim, refer that decision to, at his or her option, a Referee or an Arbitrator by filing with the Administrator a notice requiring a reference or arbitration and setting out the objection to its decision and the reasons in support of the objection. If no notice requiring a reference or arbitration is filed within the 30 day period, the Administrator's decision will be automatically confirmed and be final and binding.

10.02 Rosters of Referees and Arbitrators (top)

The Courts will appoint rosters of Referees and of Arbitrators. The rosters of Referees and of Arbitrators will include persons resident in each of the Provinces and Territories. Each Referee and Arbitrator will be paid only for the actual services he or she performs and in accordance with a tariff established by the Courts. The fees and disbursements of the Referees and Arbitrators will be paid out of the Trust in a time, in a manner and in an amount approved by the Courts. Each Referee and Arbitrator may exercise all of the jurisdiction and powers granted to him or her hereunder.

10.03 Forwarding Claims (top)

Upon receipt of a notice requiring a reference or arbitration, the Administrator will forward to a Referee or Arbitrator, as the case may be, in the Province or Territory where the claimant resides or is deemed to reside and to the Fund Counsel the following:

1. a copy of the Claim and the notice requiring a reference or arbitration, as the case may be;
2. a copy of all the written submissions and material in support of the submissions and other evidence pertaining to the Claim in the possession of the Administrator;
3. a copy of the Administrator's decision; and
4. such other information or material as the Referee, Arbitrator or Fund Counsel may request.
   

10.04 Conduct of Reference and Arbitration (top)

1. A reference will be conducted in accordance with the provisions of Appendix C hereto.
2. An arbitration will be conducted in accordance with the provisions of Appendix D hereto.
   

10.05 Payment of Claims (top)

After a decision of a Referee or Arbitrator becomes final and binding, any amount directed to be paid will be paid promptly.