Dismissal in all above cases is without refund.
Undisputed amounts on invoices must be paid in good faith, as per prior agreements (quotes, invoices, contracts), minus any disputed sums.
Resolution of disputes between network members that are not confined to bad debts or bankruptcy are considered to be legal matters and should be resolved by licensed arbitration professionals or legal representation through the recognized legal structure. Our network focuses on logistics resources and support, not legal arbitration. Acting as an unlicensed arbitrator exposes us to significant legal risks, such as civil liability for negligence or misconduct, which may lead to financial claims. Regulatory compliance is also crucial, as arbitration often requires specific licenses, and failure to comply could result in fines. Additionally, decisions made by unlicensed arbitrators may not be enforceable, potentially exacerbating disputes.
We are committed to fostering cooperation within the network but must stay within the boundaries of our legal responsibilities. To avoid risks of legal action or reputational damage, we emphasize that any legal disputes between members should be handled by qualified legal professionals or licensed arbitrators. This ensures that issues are resolved effectively and without compromising the integrity of the network.
Disagreements will be kept private and discussed openly only with the parties directly involved and the network directors / coordinators. Publicly airing official or unofficial disputes, making inter-network arguments public, personal or ad hominem attacks will not be tolerated. This pertains to any company member or corporate sponsor of any AIN Group network, personnel or officers working with any AIN Group member company / corporate sponsor or with AIN Group staff.
Included in this regulation is aggressive behavior toward any member company / corporate sponsor, representative thereof or AIN Group staff. Aggressive behavior can include verbal attacks and / or threats (whether oral or written), physical attacks, defamatory or slanderous behavior, lying / misrepresentation, etc.
Defaming by broadcast email, group emails (whether in to, cc or bcc) at any AIN Group sponsored communication tool (such as, but not limited to members only areas of websites, social media profiles / pages / channels, mobile messenger app groups etc. are unacceptable. It is also unacceptable to do so at AIN Group events, conferences, or at AIN Group booths at exhibitions.
Acting in any such way will result in an immediate expulsion from membership without refund. Additionally, spreading and re-broadcasting others’ private disputes by negatively taking part in the reply all, forwarding, etc., said messages will draw a warning from AIN Group. The second time may also result in expulsion from the group.
When members of any AIN Group network have a disagreement, they must follow the Network Dispute Resolution Program (NDRP). This program uses LMA Legal, an external firm specializing in maritime and transport law, as a neutral assessor. LMA Legal is brought in by Keystone Partnership, which is the financial protection partner for all AIN Group networks. LMA Legal’s role is to listen to both sides and provide an expert opinion on how to resolve the dispute.
It’s important to understand that the NDRP is separate from the financial protection fund. The financial protection fund is only for cases of non-payment or official bankruptcies. The networks themselves do not act as legal arbitrators for other types of disputes. They emphasize that these issues are legal matters and should be handled by qualified legal professionals or licensed arbitrators to ensure proper resolution and avoid legal risks. Acting as an unlicensed arbitrator could expose the networks to legal problems, and their decisions might not be enforceable.
If a dispute is lodged, all parties involved are required to participate in the initial steps of the program because of their network membership.
Step 1: Starting the Dispute
The party initiating the dispute must send a “Notice of Dispute” to their network’s manager. This notice should be a Word document, no more than 1,500 words, briefly describing the dispute. You can also include any relevant documents. All parties involved are required to participate in the initial steps of this program.
Step 2: Coordinator and Keystone Partnership Action
Upon receiving the Notice of Dispute, the network’s manager will, under normal circumstances, within two business days, forward the Notice to Keystone Partnership and also inform all other parties to the dispute that a dispute against them has officially been lodged. Keystone Partnership management will then engage LMA Legal as the neutral assessor.
Step 3: Responding to the Dispute
The other member involved has 14 days to send their “Response to the Notice of Dispute” to the network’s manager. This response should also be a short Word document, limited to 1,500 words, and can include necessary documents.
Step 4: LMA Legal’s Review and Resolution
After receiving documents from both parties, LMA Legal will review the matter. LMA Legal may request more information or clarification if needed. LMA Legal will then issue its “Resolution” within 14 days of receiving the Response to the Notice of Dispute.
Step 5: Acceptance and Confidentiality
All members must accept the Resolution and follow its terms. All disputes and NDRP details must be kept strictly private and confidential. Publicly discussing disputes, making inter-network arguments public, or engaging in personal attacks (including aggressive behavior, threats, defamation, or misrepresentation) will not be tolerated and can lead to immediate expulsion without a refund. Spreading or forwarding others’ private disputes will result in a warning, and a second instance may lead to expulsion.
Failing to participate in the dispute process can lead to expulsion from the network. Failing to follow LMA Legal’s findings and recommendations may also result in the termination of the non-compliant company’s membership. However, these consequences do not apply if one or more parties take the dispute to official arbitration or a court case in a proper jurisdiction (e.g., their own country, the other party’s country, or a third country where both parties have an agreement to adjudicate). The network emphasizes that legal disputes between members should be handled by qualified legal professionals or licensed arbitrators through recognized legal channels.
Think of this process like how international trade agreements are handled: instead of companies trying to resolve complex legal issues on their own, they rely on a trusted, neutral body (the network manager and Keystone Partnership) who then refers the matter to a specialized international law firm (LMA Legal). Everyone agrees to follow the law firm’s expert guidance to ensure the “trade dispute” is resolved efficiently and legally, which helps maintain trust and stability within the entire network.