Arbitration: Rail level of service
What is rail level of service arbitration?
If a shipper and a carrier are unable to negotiate a contract, arbitration can be used to establish a level of service agreement.
An arbitrator reviews the facts submitted by the parties and establishes a level of service agreement by making a decision which is confidential and legally binding.
Note: Issues related to existing level of service contracts can be handled through rail arbitration or one of our other options for dispute resolution.
| Types of disputes | Disputes between | Possible outcome | Timeframes |
|---|---|---|---|
|
Level of service contracts |
Shippers & |
The arbitrator makes a legally binding, confidential determination on service contract terms. The arbitrator is not limited to choosing between the parties’ positions. |
45-65 days or longer if parties agree. |
| Who initiates the process? | Who arbitrates the dispute? | Who chooses the arbitrator? | How much does it cost? |
|---|---|---|---|
|
The shipper. A shipper must give the Agency and the railway company 15 days advance notice before requesting arbitration. The railway has 10 days to object. |
An Agency arbitrator. |
The Agency. |
No costs for an Agency arbitrator. There may be travel and venue costs that the parties have to share. |
For a comparison of the Agency’s dispute resolution methods, see options for dispute resolution.
How can I apply for level of service arbitration?
To request arbitration, follow the steps set out in how to apply for level of service arbitration.
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