Arbitration
What is arbitration?
The Agency offers three types of arbitration:
During arbitration, an arbitrator reviews the facts (or final offers) submitted by the parties and settles the dispute by making a decision which is confidential and legally binding.
Rail level of service arbitration | Final offer arbitration | Rail arbitration | |
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Types of disputes |
Rail level of service contracts |
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Dispute between |
Shippers & railway companies |
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Possible outcome |
The arbitrator makes a legally binding, confidential determination on service contract terms. The arbitrator is not limited to choosing between the parties’ positions. |
The arbitrator (or panel of arbitrators) makes a legally binding, confidential decision on which final offer will be used to settle the dispute. |
The arbitrator makes a legally binding, confidential decision to settle the dispute. |
References |
More about how arbitration works
Rail level of service arbitration | Final offer arbitration | Rail arbitration | |
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Who initiates the process? |
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The shipper or urban transit authority. | Both parties have to agree to arbitrate. |
Who arbitrates the dispute? | An Agency arbitrator. | An external arbitrator (or panel of 3 arbitrators). | An Agency or external arbitrator. |
Who chooses the arbitrator? | The Agency. | The parties (or the Agency, if the parties can't agree). | The parties (or the Agency, if the parties can't agree). |
How much does it cost? | No costs for an Agency arbitrator. There may be travel and venue costs that the parties have to share. | The shipper and the carrier share the costs equally. | No costs for an Agency arbitrator. Otherwise, the shipper and the carrier share the costs equally. |
Arbitrators
Under the Act, the Agency can establish a roster of persons for arbitrating rail disputes.
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