Version: V2024-11-04
This document is supplemental to and supports a specific Scheme definition as a general process. It does not apply in isolation.
Herein we set out a dispute resolution procedure for Schemes.
Part 1 outlines the general application of the disputes and complaints procedures.
Part 2 of the procedure is applicable to disputes between Scheme Members only.
Part 3 of the procedure is applicable to disputes between, or complaints made by, Scheme Members and Icebreaker One only.
Anticipating the range of dispute types that could occur in a new ecosystem such as for this Scheme is challenging. Accordingly, once the procedure is operational Icebreaker One will monitor the types of disputes and complaints raised in order to build a deeper understanding of common issues and effective solution mechanisms. All insights will be fed back into the Scheme development procedure to ensure it meets the needs of the market. The dispute resolution procedure may need to be iterated if unforeseen needs emerge in future, or if the legal landscape governing dispute resolution changes. Change management will be conducted in line with the Scheme’s governance structure.
1. Application of procedure
1.1 The procedure set out herein (Dispute Resolution Procedure) is available to any entity who has signed the IB1 Membership Contract, paid the appropriate and up to date membership fee, and signed the Core Trust Framework Terms (Complainant).
1.2 Except as otherwise provided for in the IB1 Membership Contract and Core Trust Framework Terms any question, dispute or difference which may arise concerning the creation, construction, meaning, validity or effect of any part of the IB1 Membership Contract or Core Trust Framework Terms, and any other matter or dispute arising out of or in connection with the IB1 Membership Contract, Core Trust Framework Terms, the proper operation of Services, or the breach of any of the above, will be dealt with in accordance with the provisions of the Dispute Resolution Procedure.
1.3 Nothing in this Dispute Resolution Procedure is intended to override or conflict with any legal or regulatory provisions for Dispute Resolution within the specific domains of the national or devolved government and/or regulatory authorities of the United Kingdom of Great Britain and Northern Ireland.
1.4 Nothing in this Dispute Resolution Procedure will preclude any Party from bringing legal action or enforcing its rights under a contract or otherwise at law.
2. Disputes arising between Scheme Members
2.1 If a dispute arises between Scheme Members in respect of the operation of the ecosystem (Dispute), then, except to the extent that such dispute is between the relevant Scheme Member(s) and Icebreaker One (in which case Part 3 of this Dispute Resolution Procedure will apply), the Members shall follow the procedure set out in this Part 2 of the Dispute Resolution Procedure:
2.1.1 either Party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, appointed representatives of each Scheme Member shall meet to attempt in good faith to resolve the Dispute;
2.1.2 if the relevant appointed representatives of the relevant Scheme Members are for any reason unable to resolve the Dispute within thirty (30) calendar days of service of the Dispute Notice, the Dispute shall be referred to more senior appointed representatives of each Member who shall meet to attempt in good faith to resolve the Dispute;
2.1.3 if the relevant more senior appointed representatives of the relevant Scheme Members are for any reason unable to resolve the Dispute within thirty (30) calendar days of it being referred to them, the parties agree to enter into mediation in good faith to settle the Dispute in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within thirty (30) calendar days of the date of the Alternative Dispute Resolution (ADR) Notice, the mediator will be nominated by CEDR. To initiate the mediation, a party must give notice in writing (ADR notice) to the other party to the Dispute, referring the dispute to mediation; and
2.1.4 if there is any point on the logistical arrangements of the mediation, other than nomination of the mediator, upon which the Parties cannot agree within thirty (30) calendar days from the date of the ADR notice, where appropriate, in conjunction with the mediator, CEDR will be requested to decide that point for the parties having consulted with them; and
2.1.5 unless otherwise agreed between the Parties, the mediation will start not later than forty-five (45) days after the date of the ADR notice.
2.2 the commencement of mediation shall not prevent the Parties commencing or continuing court proceedings.
3. For complaints and disputes arising between a Scheme Member and Icebreaker One
3.1 If a dispute or complaint arises out of or in connection with the provision of the Services byEc or its performance, validity or enforceability (Dispute), then except as expressly provided in this Agreement the Parties shall follow the procedure set out in this clause:
3.2 Any Complainant must first raise a Dispute with the Icebreaker One Service Desk by giving written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents, by emailing partners@ib1.org.
3.3 If, in the first instance, the Complaint is not resolved by the Icebreaker One Service Desk to the satisfaction of the Complainant, the Complainant and Icebreaker One will make a good faith effort to resolve any Complaint according to conditions outlined in the IB1 Membership Contract and Core Trust Framework terms and, if applicable, overseen by an (independent) Delivery Oversight Committee.
3.4 Notwithstanding the procedure for dealing with Complaints set out herein, in circumstances where Icebreaker One considers it necessary in order to prevent a material impact on the operation of the ecosystem, Icebreaker One may make an interim determination in relation to any Dispute pending resolution of the Dispute either as a result of this Procedure, the IB1 Membership Contract, Core Trust Framework Terms, or otherwise.