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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On November 24, the Surface Transportation Board (STB) granted a petition for rulemaking sought by five railroad parties – Canadian National Railway Company; CSX Transportation, Inc.; The Kansas City Southern Railway Company; Norfolk Southern Corporation; and Union Pacific Railroad Company – to establish a new voluntary arbitration program for small rate disputes.

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The decision came in response to the parties’ September 1 joint petition for rulemaking in which they proposed a voluntary arbitration program for small rate cases that would function alongside the STB’s existing arbitration program. The parties also pledged to participate in the program for five years with certain conditions. Among other things, railroad parties would have a right to withdraw from the voluntary arbitration program if the STB adopts the final offer rate review process in STB Docket No. EP 755 without exempting the participating carriers. The parties also requested that the program be confidential and that arbitrators be prohibited from basing their decisions on a systemwide revenue adequacy measure.

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In its decision, the STB expressed its general support for resolving disputes using alternative dispute resolution and granted the railroad parties’ request to initiate a rulemaking proceeding. However, it did not take a position on the parties’ proposal. The STB will issue a formal Notice of Proposed Rulemaking at a later date to solicit public comments on the proposal.

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Karyn A. Booth 202.263.4108 <a href="mailto:Karyn.Booth@ThompsonHine.com">Karyn.Booth@ThompsonHine.com</a>

Sandra L. Brown 202.263.4101 <a href="mailto:Sandra.Brown@ThompsonHine.com">Sandra.Brown@ThompsonHine.com</a>

Jeff Moreno 202.263.4107 <a href="mailto:Jeff.Moreno@ThompsonHine.com">Jeff.Moreno@ThompsonHine.com</a>

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Transportation_Update_-_STB_Institutes_Rulemaking_for_Small_Rate_Dispute_Voluntary_Arbitration_Program.pdf

STB Institutes Rulemaking for Small Rate Dispute Voluntary Arbitration Program

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