1. Regulatory Adjudication in Resolution of Disputes
Vijaya Sampath
Corporate Director &
General Counsel
TDSAT
29th October 2004

2. Raison d’etre Interconnection: inequitable contracts
Conflicting economic interests
Interconnection: inequitable contracts
Competition inhibiting incumbent rights
Pace of technological change
Sharing of existing infrastructure
Consumer related disputes
Policy changes: foreign participation

3. Raison d’etre Regulatory assurances - change in license conditions
- lowering/changing entry barriers for new entrants
Fierce competitiveness in markets
- new & changing relationships
- deployment of new technologies
- failure to fulfill contractual obligations
Multiple roles of Government
- ownership of equity & infrastructure
- license fees, other charges and taxes
- law maker
- licensor

4. Dispute Resolution Techniques
Court Adjudication: SC
- Substantive questions of law
- Interpretation of legislation
- Appeal from regulatory adjudication
Regulatory Adjudication: TDSAT
- Technical and complex disputes
- Policy related matters
- Consistency and predictability
ADR: Negotiation,mediation, conciliation, ombudsman, arbitration
- Voluntary or contractual commitment
- Disputes between private operators
- Commercially focussed

5. Efficacy Drivers Spur economic growth Shift decision making
Mitigate political risk
Create enabling climate for investment
Correct market imperfections
Oversee transition from regulation to market mechanism
Expedite dispute resolution

6. International Best Practices
United States:
- assistance of administrative law judges
- other agencies may make submissions
- AAA procedures for wireless industry (three tracks)
Canada:
- established criteria for reconsidering decisions on review
- steering committee with participatory approach
United Kingdom:
- need to demonstrate attempts at alternate methods
- decline to intervene if other mechanisms more appropriate
Spain & France:
- less likely to suspend decisions during review

7. International Best Practices
Jordan:
- potential litigants allowed choice of forums
- commission may recommend arbitration as preferred choice
- hire experts and recover costs from parties
Saudi Arabia:
- discretion to determine best mechanism
Morocco/Botswana:
- set standards & procedures for interconnection disputes
- assistance of external international experts
- power to revise agreements
Malaysia
- independent industry forum to develop codes & guidelines
- consensus based approach

8. ADR Vs RA solution Reduces level of conflict: non adversarial
Greater Flexibility
Reduces level of conflict:
non adversarial
Non-binding and contractual
Speedier, less expensive
Misuse to gain information &
prolong disputes
Restructuring contracts,
concessions, licenses
Practical & commercial
solution
Process & Procedures
May damage business relationship
adversial
Binding & final: accountability
Slow but sure
Misuse by “ gaming” process as
response to competition
Interpretative and judicial
Policy related and legal rulings

9. Alternative Approaches
Political or judicial review
Higher transaction costs
SMP Monopoly
Confidentiality
Form
Authority
License
Regulatory
Network externalities
Vibrant institutional process
Effective resolution
EMP market economics
Clarity
Substance
Consultative
Agreement
Financial
High Tech

10. The way forward Access to international precedents
Evaluation of economic costs Vs benefits to the sector
Dealing with complexity and conflicts
Better application of alterative techniques
Objectivity in decision making
Prevention as critical as resolution

11. Thank you