If you can prove you gave the shipper repeated notice of your arbitration program, you will minimize the risk that you will have to pay the shipper's attorneys' fees. The burden will be put on the shipper to explain why he did not pursue arbitration. It will be much more difficult for him to argue persuasively that he should recover fees based on the absence of an arbitration award when you can prove he consciously chose not to initiate such a process. Conclusion Carriers can benefit from arbitration. It is a quick and economical way to present the dispute to decision-makers who are knowledgeable about the industry and the legal principles that govern a carrier's obligations to a shipper.
Arbitration also minimizes the risk of a runaway jury verdict.
Federal law, however, places strict burdens on the carrier to make arbitration available to the shipper and to follow precise procedures for conducting the procedure. Failure to follow these requirements may result in your company paying a shipper's legal fees. Robert E. Spears Jr. is an attorney practicing in the Atlanta office of Greenberg Traurig, LLP and an associate member of the American Moving and Storage Association. Mr. Spears' practice includes representation of motor carriers and intermediaries involved in the transport of house-hold goods. Inc. Please read our legal page before using this site.