Cap. 555 Art. 22Procedure relating to complaints.

(1) A complainant shall complain to the Arbiter in writing identifying the party against whom the complaint is made, the reasons for the complaint, and the remedy that is being sought and articles 2131 and 2132 of the Civil Code shall apply mutatis mutandis for the interruption of prescription as from the registration of such a complaint by the Office. The referral of any matter to the Arbiter shall have the same effect with regard to prescription as a judicial action before a competent court and article 2117A of the Civil Code shall apply Any reference in this Act to prescription shall mutatis mutandis. be construed as a reference to prescription under the Civil Code.

(2) Upon receipt of a complaint, the Arbiter shall determine whether the complaint falls within his competence.

(3) An Arbiter shall not proceed to deal with a complaint unless the Arbiter has:

(a) informed the respondent of the complaint;

(b) provided the respondent with such particulars as will enable him to reply thereto; and

(c) provided the respondent with an opportunity to submit a reply to the complaint. Such reply shall be forwarded to the Arbiter within twenty days from when the Arbiter communicates the complaint to the respondent. The complainant and the respondent have a right to be represented and assisted by a person or persons of their trust.

(4) An Arbiter may make preliminary inquiries for the purpose of deciding whether a complaint should be investigated under this Part, and may request the complainant to provide further information within a specified period of time:

Provided that the Arbiter may decide not to continue to deal with the complaint if the complainant fails to comply with a request for further information within the period specified by the Arbiter.

(5) As soon as practicable after the Arbiter has determined that the complaint does not fall within his competence, or after deciding to discontinue with the complaint, the Arbiter shall:

(a) inform the complainant in writing of the decision and reasons for it; and

(b) provide the Board with a copy of the decision.

(6) On submitting a complaint with the Office of the Arbiter for Financial Services, the complainant shall pay a fee as prescribed under this Act, and which fee shall be reimbursed only in the case where the complainant decides to withdraw the complaint or if both parties agree on a settlement of the dispute, and in both instances the Arbiter is notified in writing of the decision, which notification shall reach the Arbiter’s Office before the Arbiter shall have reached a decision that the complaint falls within his competence.

(7) If -

(a) before the Arbiter shall have reached a decision, the complainant notifies the Arbiter in writing of the withdrawal of its complaint; or

(b) the parties agree on a settlement of the dispute, whether as a result of mediation in terms of article 24 or otherwise; or

(c) the continuation of the complaint procedures becomes unnecessary or impossible for any reason, the Arbiter shall:

(i) either issue an order for the termination of the complaint procedures; or

(ii) if requested by both parties and accepted by the Arbiter, record the settlement on the agreed terms.

(8) Subject to the provisions of this Act and of any rules made thereunder as stipulated by article 33, the Arbiter shall regulate the proceedings as he thinks fit and proper in accordance with the rules of natural justice:

Provided that no proceedings before the Arbiter shall be invalid because of any non-observance of any formalities if there has been substantive compliance with the law.