The Market Operator (MO) Dispute Resolution process aims to rectify any errors considered to be the cause of inaccurate results occurring within the Settlement Report. An error can be raised by the contracting wholesaler or retailer, but must not be due to errors in or omissions of any data items, as this would constitute a Trading Dispute.
In order to raise an MO Dispute, parties should initiate the MO Dispute App by logging into the Kissflow website and completing the 'MO Dispute Application form'.
The Party initiating the dispute will be required to provide all details within the MO Dispute Form, ensuring that they meet the criteria stipulated, in order for the dispute to be valid. Please note, all disputes will remain confidential and that the determination of the Expert is final and binding. This means that you will not be able to challenge the determination in the courts, unless it has been made fraudulently.
Please click here to download an outline of the MO Disputes process.
The outline map clearly shows key stages of the process, including resolution and the steps disputing parties need to take.
An MO Disputes is the end product of when a Trading Party believes an error or omission regarding the production of the Settlement Report has occurred by the Market Operator (MOSL).
An MO Dispute may only be initiated upon attempting a resolution through either mediation/informal meetings - as an attempt to resolve the issue or query with associated Disputing Parties or by raising a Statutory Query. If a resolution has not been found via the Statutory Query Process, the initiating Party will be required to initiate an MO Dispute.
For further information please see the bullet point below.
Prior to raising an MO Dispute, Trading Parties must have attempted to resolve their issues through the Statutory Query process. If this does not achieve a suitable resolution, they will then be required to attempt a mediation step with MOSL. Only when both the Statutory Query process and mediation fail to provide a resolution, will the Trading Party be able to initiate the MO Dispute Process.
MO Disputes should be raised through Kissflow, where the initiator of the dispute will be required to provide a completed MO Disputes Form which will be submitted also through Kissflow. In order for the dispute to qualify, the initiator will be required to ensure the dispute meets all criteria listed within the form prior to submission. The application form may be rejected if the dispute request fails to meet the criteria outlined.
The initiator will be required to ensure all forms and supplementary documentation have been submitted within the allotted period and that the form has been completed accurately and submitted by the relevant Contract Manager.
Upon receipt of the application, MOSL will provide acknowledgement of the dispute within a suitable period of time. Kissflow will also generate an MO Dispute Number for your application, which will be associated with your dispute logged with MOSL.
If you are raising a dispute it must meet the following criteria in order for it to be considered valid. The below points enable a dispute qualify:
- MOSL produced an inaccurate Settlement, that is not caused by any data item of the Trading Party raising the Dispute, or another Trading Party;
- MOSL failed to provide a rectification plan within two months;
- MOSL failed to implement its rectification plan in a timely manner; or
- MOSL provided a rectification plan that is unclear, incomplete or materially incorrect.
Where the dispute is successful, remediation measures will be taken to rectify the issue, including re-running settlement and/or the formation of a remediation plan. Other affected parties and/or broader audiences will be notified of the dispute findings; the Market Operator will publish any findings on the MOSL website.
Upon submission of the Dispute Application, a Case Manager will be assigned to the application. The Case Manager will determine if the dispute meets the criteria and if so, progress it through Kissflow. This includes tracking decisions made by an appropriate expert, where required. Upon a decision being made, remediating actions will be taken within Kissflow as needed.
As the disputing party, you must ensure that you adhere to any SLAs which have been set for you. These are code-obligated SLAs which will help to ensure that all disputes are completed within a justified timeframe. Furthermore, it is important that, as the disputing party, you submit only accurate and correct data, when requested by MOSL.
The expert is appointed through mutual consent by participating disputing parties, to aid the resolution of a dispute. Experts can be nominated by any party or through a list of recommended 'subject matter experts' from the Academy of Experts.
The role of the expert is to act as an independent decision maker, who will deliver an overall judgement, oversee the creation of a remediation plan and disperse the total expenses and fees incurred through the MO Dispute process.
The determination of the expert will be final and binding upon all MO Disputing Parties, except in the event of fraud or manifest error only.
The expert will provide the MO Disputing Parties with a breakdown of fees and any reasonable expenses incurred. The disputing parties are required to share the fees and expenses equally, unless directed otherwise by the expert. The expert has the authority to direct one party to pay a larger sum (which includes, but is not limited to, fees and expenses).