Section 1457.340  Arbitration

If some or all of the issues in dispute between a shipper and a carrier remain unresolved after mediation, the shipper may request arbitration of the dispute by a Commission arbitrator, appointed by the Commission.  Carriers are deemed to join in a request for arbitration submitted by a shipper.

a)         To commence arbitration, a shipper must sign and submit an Agreement to Arbitrate form obtained from the Commission, along with an arbitration fee of $25.  When a shipper submits a form, the carrier and shipper agree to abide by the terms of the arbitration award.

b)         The Agreement to Arbitrate will specify that the arbitration award will be based solely on written submissions, documents and exhibits, unless the arbitrator and both parties agree to an oral hearing.  The Commission will serve a copy of any submissions from one party on the other party.

1)         Along with a signed Agreement to Arbitrate, the shipper shall submit 2 copies of a statement setting forth a brief description of the issues in dispute and its positions and arguments on the issues, accompanied by 2 copies of whatever documents, exhibits or other written submissions the shipper believes to be relevant to those issues.

2)         Within 10 business days after the Commission has mailed the Agreement to Arbitrate and shipper's submissions to the carrier, the carrier may submit 2 copies of a statement and other written submissions responding to the shipper's submissions and setting forth its own positions and arguments about the issues in dispute.

3)         Within 7 business days after the Commission has mailed the carrier's submissions to the shipper, the shipper may submit 2 copies of a reply to the carrier's submissions.

c)         Within 10 business days after the time for receiving the shipper's reply, the Commission arbitrator shall prepare, sign, and mail to the parties a written award disposing of all issues in dispute.  The award shall include a brief statement of the findings of fact made by the arbitrator and the basis for the award.

d)         Unless otherwise provided by this Section, proceedings under this Section shall be governed by the provisions of the Uniform Arbitration Act [710 ILCS 5].