What can an Arbitrator Award
and what is the Legal Status of that Decision?
The arbitrator may grant any
remedy or relief the arbitrator feels is just and appropriate within
the scope of the agreement between the parties and within the rules
of the program. In general, the amount of any award may not exceed
the carrier's liability under the bill of lading. In reaching a
decision, the arbitrator considers the applicable law and the provisions
of the tariff, as well as applicable practices of the moving industry.
Under the rules of the program, the arbitrator only has jurisdiction
to consider claims for loss or damage to the household goods transported,
or such other disputes arising out of the transportation of the
household goods that are mutually agreed upon, in writing, by both
the shipper and the carrier. The arbitrator has no jurisdiction
to consider any other claims including but not limited to the following:
consequential or incidental damages, mental anguish, loss of wages,
punitive damages, alleged fraud, or violations of law or any claim
that cannot be arbitrated under law (such as allegations of criminal
activity). The arbitrator's decision is legally binding on both
parties and can be enforced in any court having jurisdiction over
the dispute. Under the rules of the program, there is a limited
right to appeal the arbitrator's decision; however, courts will
not usually revise findings of fact or law in a binding arbitration
award.
How do I Receive more Information
about Arbitration?
If you would like to receive
more information on the Dispute Settlement Program, contact your
local professional mover.
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