49 USC 11708 – Voluntary arbitration of certain rail rates and practices disputes
(a)
Terms Used In 49 USC 11708
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- writing: includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. See 1 USC 1
(b)
(1) shall apply to disputes involving—
(A) rates, demurrage, accessorial charges, misrouting, or mishandling of rail cars; or
(B) a carrier’s published rules and practices as applied to particular rail transportation;
(2) shall not apply to disputes—
(A) to obtain the grant, denial, stay, or revocation of any license, authorization, or exemption;
(B) to prescribe for the future any conduct, rules, or results of general, industry-wide applicability;
(C) to enforce a labor protective condition; or
(D) that are solely between 2 or more rail carriers; and
(3) shall not prevent parties from independently seeking or utilizing private arbitration services to resolve any disputes the parties may have.
(c)
(1)
(A) may make the voluntary and binding arbitration process established pursuant to subsection (a) available only to the relevant parties;
(B) may make the voluntary and binding arbitration process available only—
(i) after receiving the written consent to arbitrate from all relevant parties; and
(ii)(I) after the filing of a written complaint; or
(II) through other procedures adopted by the Board in a rulemaking proceeding;
(C) with respect to rate disputes, may make the voluntary and binding arbitration process available only to the relevant parties if the rail carrier has market dominance (as determined under section 10707); and
(D) may initiate the voluntary and binding arbitration process not later than 40 days after the date on which a written complaint is filed or through other procedures adopted by the Board in a rulemaking proceeding.
(2)
(3)
(d)
(1) shall be consistent with sound principles of rail regulation economics;
(2) shall be in writing;
(3) shall contain findings of fact and conclusions;
(4) shall be binding upon the parties; and
(5) shall not have any precedential effect in any other or subsequent arbitration dispute.
(e)
(1)
(2)
(A) a party requests an extension; and
(B) the arbitrator or panel of arbitrators, as applicable, grants such extension request.
(3)
(4)
(f)
(1)
(2)
(3)
(A)
(B)
(i) The parties to a dispute may mutually select 1 arbitrator from the roster to serve as the lead arbitrator of the panel of arbitrators.
(ii) If the parties cannot mutually agree on a lead arbitrator, the parties shall select a lead arbitrator using the process described in subparagraph (A).
(iii) In addition to the lead arbitrator selected under this subparagraph, each party to a dispute shall select 1 additional arbitrator from the roster, regardless of whether the other party struck out the arbitrator’s name under subparagraph (A).
(4)
(g)
(1)
(2)
(3)
(A)
(B)
(h)
(1) the decision is consistent with sound principles of rail regulation economics;
(2) a clear abuse of arbitral authority or discretion occurred;
(3) the decision directly contravenes statutory authority; or
(4) the award limitation under subsection (g) was violated.