Australian Grain Industry Code of Practice - Pulse Australia

Part Three —
Dispute Resolution
3.1 Dispute Resolution
The Code supports the GTA Dispute Resolution Service which is a
comprehensive, timely and cost effective dispute resolution process
developed for the grain industry.
All GTA arbitrations are subject to the Commercial Arbitration
Act 1984 (NSW). This Act should be read in conjunction with the
applicable GTA Dispute Resolution and Trade Rules in order to
understand how the arbitration will be conducted and the rules
that govern it. If one of the parties to an arbitration is foreign, the
International Arbitration Act will also apply.
The GTA Dispute Resolution Service:
considers all vertical supply disputes arising between industry
participants
gives all industry participants an opportunity to resolve disputes
under industry procedures
considers all disputes fairly and impartially
does not jeopardise the underlying commercial relationship
respects the confidentiality of applicants and respondents
encourages an equitable and timely resolution of disputes
Dispute Resolution Service
Over 95% of all grain contracts written in Australia rely on the GTA
Trade Rules and/or GTA Grain Standards. GTA Contracts and Trade
Rules contain agreements to refer disputes to the GTA Dispute
Resolution Service. Parties to contracts incorporating the GTA Trade
Rules are obliged to refer any dispute to GTA for settlement under
the GTA Dispute Resolution Service.
GTA administers disputes referred for determination under the
GTA Dispute Resolution Rules and provides administrative support
to arbitrations. GTA conducts an arbitration service for contract
disputation. The three methods to resolve a dispute are:
Expert Determination: both parties supply their version of events
leading to the dispute to an expert endorsed by both parties.
The expert considers the evidence and submits a non binding
opinion on the relative merits of both submissions and makes
a determination
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