Other Disputes

Disputes other than supply of a declared petroleum product

Other disputes covered by the Oilcode may include:

  • disputes arising between parties to a fuel re-selling agreement;
  • disputes under Oilcode’s provisions concerning terminal gate pricing arrangements; or
  • disputes under Oilcode’s provisions concerning a fuel re-selling business.

Parties must attempt to agree on a process to resolve their dispute unless the Dispute Resolution Adviser (DRA) is satisfied that there is no reason to attempt negotiation.

The parties can refer the matter to any person who may be able to help to resolve the matter.
If they cannot agree on referring the matter they must notify the DRA in which case the DRA will appoint someone to assist within 7 days of the notification.

The appointed person might be a mediator or someone who provides other assistance. They will decide the time and venue for mediation or other assistance. The mediators charge a fee of up to $363 per hour.

The parties are equally liable for the costs of anyone appointed to assist and must pay their own costs.

After the mediation or other assistance, the DRA may make a non-binding determination about the dispute. While such a determination is not binding, non-compliance would be referred to in reports of the DRA including the DRA’s published Annual Report.