Decision to refer dispute to a Panel
6 (1) The Director General of the Commission may at any time before the constitution of
the Panel, decide whether the dispute is such that should be referred to a Panel.
(2) If, after considering the reference the Director General decides to entertain the
reference, he shall refer same to a Panel; and if he declines to entertain the reference, he
shall direct that no further proceedings shall be taken by any party in connection with the
reference.
(3) The Director General shall convey his decision to the Parties stating his reasons
thereof.
CONSTITUTION OF A PANEL
Appointment of a Panel
7 (1) Subject to the decision to refer a dispute to a panel, the Director General of the
Commission shall, within 10 days after the receipt of the last statement or answer from
the Parties, appoint a Panel in accordance with Regulation 15 of the Copyright
(Collecting Societies) Regulations 2007.
(2) The Secretary of the Panel shall notify the parties of the appointment of the chairman
and members of the Panel.
(3) At the request of a member of the Panel, the member may be released from
appointment with the consent of the Commission.
(4) Whenever necessary, a substitute member of the Panel shall be appointed by the
Commission. Pending such appointment, the proceedings shall be suspended, unless
otherwise agreed by the Parties.
Procedure and Decision of the Panel
Power of Panel to regulate procedure
8. (1) Subject to the provisions of the Act and these Rules, the Panel shall have power to
regulate its own procedure.
(2) Disputes under these Rules may be determined on the basis of documents filed only.
However, the Panel may, having regard to the exceptional nature of the case, or at the
request of a Party, order a hearing.
Representation and rights of audience
9 (1) A party may be represented at any hearing by a Legal Practitioner, or by any other
person allowed by the Panel to appear on his behalf or may appear in person.