The Coordinator of Energy may appoint additional Generator Arbitrators and/or members of the Technical Panel of Experts, at any time following the process outlined below.
Generator Arbitrator(s)
The Coordinator may seek applications through an Expression of Interest (EOI) process. When this occurs, the Coordinator will specify selection criteria against which all applicants will be assessed, with applications open for no less than 2 weeks. While the Coordinator reserves the right to alter the selection criteria at any time, the following were used in making the initial appointments:
- Suitable qualifications and experience in commercial arbitration, including experience in energy sector arbitration (WEM experience is desirable).
- Noting the need to avoid actual, potential or perceived conflicts of interest with the subject matter or Parties to the dispute, the applicant must not currently be working with (including as a contractor) a party likely to be subject to a dispute, including Western Power, AEMO, or a transmission connected Market Participant with generating facilities likely to be captured under sections 1.40 and 1.41 of the WEM Rules.
- Value for money, taking into account fees and charges, including fixed or capped rates for specified categories of dispute.
- Location, with a preference for a Perth-based arbitrator. The appointed Generator Arbitrator must have access to appropriate support including secretariat and financial services such as record keeping, access to suitable meeting rooms, billing and collection facilities etc.
Where there is reasonable need to appoint someone immediately, the Coordinator may appoint someone from the initial EOI process and/or contact a recognised industry body such as the Institute of Chartered Arbitrators (CIArb), the Resolution Institute or the Australian Centre for International Commercial Arbitration (ACICA) and seek nominations of suitably qualified people.
Technical Panel of Experts
The EOI process to appoint the initial Technical Panel of Experts used Selection Criteria (below) that were broad as the range of matters which may result in disputes where independent advice is required is still unknown. The Coordinator sought applicants for the Technical Panel of Experts with experience in one or more of the following criteria:
- technical and engineering aspects of complex infrastructure and capital projects relevant to the energy sector;
- design and construction and/or operation and maintenance for different types of electricity generation technologies, including security, reliability and contingency planning;
- assessing and/or testing performance against technical requirements;
- commercial analysis of large, complex energy projects, including contracts;
- procurement and construction of major capital projects, including risk analysis and management, relevant to the energy sector; and
- past experience developing electricity projects in Western Australia.
The Coordinator may appoint additional experts to the panel at any time, for example where specific expertise is sought that is not available from the existing panel. The appointment of additional experts to the panel may occur through an EOI process or via direct contact with an expert who has been identified in relation to the matter under dispute.
