DBCT arbitration guideline

In progress

The DBCT arbitration guideline provides guidance on resolving disputes in relation to the Dalrymple Bay Coal Terminal (DBCT) service when we are the arbitrator.

The guideline is intended to promote workable and effective dispute resolution processes and to help parties to an access dispute to prepare well when they bring a dispute to us.

Draft amended guideline published for comment

We prepared a draft version 3 of the DBCT arbitration guideline. We added material to promote speedy resolution of disputes. The changes include:

  • stronger emphasis on the role of alternative dispute resolution (ADR), including mediation, in achieving negotiated outcomes
  • advice on how to lodge a dispute
  • templates of documents the QCA will expect parties to complete before and during the dispute resolution process.

We also made minor changes to improve presentation and clarity of the document.

We welcome comments from stakeholders on the intended changes. Submissions on the draft version 3 of the guideline are due by 12 November 2021.

Please submit your comments at www.qca.org.au/submissions.

The draft version 3 of the guideline, and a stakeholder notice, are available below.

We developed the DBCT arbitration guideline as part of the regulatory process that led to our approval of the 2021 DBCT access undertaking, although it does not form part of the undertaking.

Key events relating to the guideline are summarised below.

26 August 2020 Draft guideline published to accompany draft decision on DBCT 2019 draft access undertaking (DAU)
30 March 2021 ‘Version 1’ published to accompany final decision on DBCT 2019 DAU
1 July 2021 ‘Version 2’ published to accompany final approval of DBCT 2021 undertaking
22 October 2021 Draft ‘version 3’ published for comment
12 November 2021 Comments due on draft ‘version 3’

Report and papers

Title Document
22 October 2021 Notice QCA—Stakeholder notice—comments on arbitration guideline pdf, 164.23 Kb
22 October 2021 Draft report QCA—Arbitration guideline—draft version 3 marked up pdf, 675.63 Kb
Title Document
14 October 2021 Final report QCA—Arbitration guideline version 2 (July 2021) pdf, 629.16 Kb