Publications

Fourth Quarter 2009
Vol. 76, Number 3

Introduction

Disputing shippers and carriers often resort to administrative and/or court based litigation or arbitration to resolve commercial and regulatory shipping disputes. These mechanisms frequently fail to provide adequate real time remedies as parties are subjected to a costly, contentious, rigid, and lengthy process that fails to provide timely solutions and can strain or destroy long term commercial relationships. Further, the doctrine of primary jurisdiction, which dictates that certain regulatory issues must be filed with the Federal Maritime Commission ("FMC") or Surface Transportation Board ("STB") for adjudication, instead of a federal or state court action, often leaves parties stranded in parallel administrative and court actions, which frustrate the pursuit of quick and meaningful resolution.