When Is Arbitration Appropriate?
Disputes eligible for arbitration are unresolved claims that may
occur as a result of loss or damage to an interstate shipment of
household goods for an individual householder (also referred to
as a C.O.D. shipper). Claim disputes involving other types of interstate
claims may be arbitrated under the program if both parties agree
to do so. In accordance with Federal law and the terms of your Bill
of Lading contract, a claim for loss or damage must be filed with
your mover within nine months of delivery (a shorter period may
apply if a shipper elects to institute a court action). The carrier
must acknowledge your claim within 30 days of receipt. Within 120
days, the carrier must pay, deny, make a settlement offer, or advise
you of the status of the claim and the reason for any delay in disposition.
If you (the shipper) and your mover (the carrier) cannot resolve
a dispute with your claim, typically involving the amount of the
settlement offer, you may request that arbitration procedures be
used to resolve the claim. Before arbitration can begin however,
you must be sure that you have exhausted your remedies through the
mover's regular claims process and that the mover has made its final
offer.
What are the Legal Effects
of the Program?
Congress provides guidelines for dispute settlement programs in Section
14708 of Title 49, United States Code, under the authority of the
Department of Transportation. These guidelines are reflected in
the program rules.
It is important to understand that
arbitration under this program is optional and voluntary for the
shipper, but not always so for the carrier. If a shipper requests
arbitration of a disputed loss or damage claim over , the disputed
claim will be submitted to arbitration only if both the shipper
and the carrier consent to binding arbitration. Shipper requests
for arbitration on disputed claims of or less must be submitted
to binding arbitration by the carrier. Once both the shipper and
the carrier have signed the official forms and submitted the dispute
to AAA for resolution, a neutral AAA arbitrator renders a final
decision. |