Aggregated disputes
An aggregated dispute is a dispute regarding an alleged serious breach of the Principles of Good Practice introduced to the SCI Chair by a group of companies or an association acting on their behalf.
What is the procedure?
A complaint needs to be introduced to the SCI Chair by contacting the SCI manager (info@supplychaininitiative.eu). The SCI Chair and Manager are the only people from the SCI who will be familiar with the case and are both bound by confidentiality throughout the entire dispute resolution process.
The receipt of the aggregated complaint will be acknowledged in writing and the SCI Chair will:
- collect the relevant information in a legally compliant manner in order to verify that the complaint has substance and merit, and;
- guarantee, throughout the procedure, the anonymity of all the parties concerned, as well as the confidentiality of the process and of any sensitive information.
Groups of companies or associations acting on their behalf involved in the preparation and submission of an aggregated complaint are expected to comply with all applicable legislation, in particular with rules on the exchange of sensitive information and coordination of behaviour in the market.
Should an aggregated dispute be treated at national or at European level?
In assessing whether the complaint is receivable, the Chair will, in a legally compliant manner:
- appreciate whether it has a cross-border impact or whether no national platform is available to which to refer the dispute;
- verify that the complaint has substance and merit.
If no National Platform or similar suitable scheme is in place at national level, the Chair will, as a first step, assess whether there is an appropriate means to handle the issue nationally. Should this not be possible within a reasonable timeframe, the Chair will assess whether the complaint is receivable.
If the complaint is receivable, the Chair shall hear parties involved and, if justified, require the party allegedly in breach to comply or explain. If necessary, and with the agreement of the parties concerned, the Chair may refer them to an external mediator or arbitrator.
If the case is of general interest, the Chair shall work with the Governance Group to issue guidance and recommendations of general interest that promote good practice. The guidance shall be communicated to all registered companies via the public website and included in the annual report.