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UIIA Binding Arbitration Process

UIIA Binding Arbitration Process

The UIIA includes a Binding Arbitration Process for arbitration of claims relating to per diem, maintenance and repair and equipment use/rental charges.  The purpose of the program is to provide an alternative method for resolving issues involving these types of invoices after all dispute resolution under the UIIA/Equipment Provider Addenda have been exhausted.

Claims submitted under the Binding Arbitration Process must meet the criteria outlined under the Binding Arbitration Guidelines identified in Exhibit D in the UIIA.  View Binding Arbitration Guidelines.  

Download Binding Arbitration Packet to submit a claim    

View Binding Arbitration Decisions

To view prior binding arbitration decisions, click the drop down next to the specific UIIA provision and then click on the "Previous Decision" button. .  

Maintenance & Repair

Section D. Equipment Interchange

Section D.2. - Equipment Interchange Receipt

  • D.2., Item a.

At the time of Interchange, the Parties or their agents shall execute an Equipment Interchange Receipt and/or exchange an electronic receipt equivalent, which shall describe the Equipment and any Damage observable thereon at the time of Interchange, reasonable Wear and Tear excepted. The physical condition of the Equipment may be described by either Party within the EIR or via Recorded Images taken at the time of Interchange. (Revised 5/12/2010)

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  • D.2., Item c.

If Recorded Images are taken at the time of Interchange, Damage will not be reported on ingate or outgate EIR. The words "Damage is captured on Recorded Images" will be printed on the Equipment Interchange Receipt. All such Recorded Images will be made available for each Party for a period of one year from Interchange without charge. (Revised 11/12/12)

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Section D.3. - Equipment Condition

  • D. 3., Item a.

Equipment Condition — Warranty: WHILE PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTY AS TO THE FITNESS OF THE EQUIPMENT, THEY RECOGNIZE AND AFFIRM THEIR RESPONSIBILITIES UNDER THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS.

1) Motor Carriers will conduct a pre-trip inspection prior to departing with interchanged Equipment that will include those items set forth in Exhibit A to this Agreement. (Revised 1/17/05)

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  • D.3., Item d.

Equipment Condition — Motor Carrier will return the Equipment to the Provider in the same condition, reasonable Wear & Tear excepted.

1) The responsibility for the repair and/or replacement of equipment items during the Interchange Period are listed in Exhibits B and C of this Agreement. (Revised 7/25/07)

2) Motor Carrier and Provider will not issue an invoice for repair items equal to or less than $50 per unit per Interchange Period. Provider may, in its Addendum, adopt a different threshold amount as long as that amount is greater than $50 and applies to both Motor Carrier and Provider. (Revised 7/25/07)

3) In any disputes arising in connection with classification of Wear and Tear, the Association of American Railroads TOFC/COFC Interchange Rules, Sections B, G, and F, shall be the controlling document. This provision was removed from the UIIA effective Oct. 1, 2014.

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Section E. Equipment Use

Section E.1. Equipment Return

a. Absent a separate bilateral equipment interchange agreement in written or electronic form between the Parties, the Motor Carrier shall use the Equipment for only the purposes for which it was interchanged, not authorize use by others, and promptly return the Equipment after its interchange purpose is complete.  An Addendum to this
Agreement does not constitute a separate bilateral equipment interchange agreement.  [Revised 02/08/16]
 
b. Motor Carrier shall return the Equipment to the physical location at which the Equipment was received unless the Provider directs the Equipment to be returned to a satellite location (s):1) as governed by a written bilateral equipment interchange agreement between the Parties or 2) as specified in a notification from the Provider to Motor Carrier via internet posting or e-mail to return the Equipment to a Provider-designated satellite location, listed in IANA’s Equipment Return Location Directory (ERLD). Satellite location (s) are facilities which are within the
same local commercial territory and support operations of the Provider for the location from which the Equipment was originally received. Whenever a return location is changed, Provider must notify the Motor Carrier by e-mail by 16:00 p.m. local time the business day prior to the change becoming effective. Motor Carrier must furnish the Provider with e-mail addresses to be used for Motor Carrier notification when return
locations are changed.  [Revised 02/08/16]
 
c. Provider may add or delete satellite locations to its listing by giving fourteen (14) days written notice to IANA.  [Added 02/08/16]
 
d. Should the notification required under subsection 1.b. above not be made one (1) business day prior to the effective date of the change, and the late notification delayed the Interchange of Equipment, then the Motor Carrier would be entitled to one (1) additional business day to return the Equipment. [Added 02/08/16]
 
e. Nothing in Section E. shall be interpreted to preclude Motor Carrier from receiving compensation when Provider directs Equipment to be returned to a satellite location. Compensation for services rendered in these circumstances is outside the scope of this Agreement.  [Added 02/08/16]
 

Section E.3 - Damage to Equipment 

  • E.3, Item a.

Motor Carrier shall pay to Provider the reasonable and customary costs to repair Damages done to Equipment during Motor Carrier’s possession. (Revised 9/1/09)

1) To be valid, invoices must detail the repairs done’ include a copy of the actual repair bill upon which the invoice is based and include the factual documentation supporting the Provider’s determination that the Motor Carrier is responsible. In instances where a copy of the actual repair bill is not available to Provider, documentation containing the repair vendor’s name, repair date, location and a control number that ties the documentation to the invoice provided to the Motor Carrier is acceptable, in lieu of the actual repair bill. In the cases of AGS gate transactions such documentation must include images depicting the condition of the Equipment at the time the Motor Carrier to be charged both accepted and returned the Equipment.
 
  • E.3., Item c.(1)
Parties shall invoice repair costs no later than the following timeframes: If Parties are not invoiced within the established timeframes, the right of the Invoicing Party to recover such charges will be lost: (Revised 1/26/15)
 
1) Standard Gate System (manned): Invoices for repair of Damages must be issued no later than 165 calendar days from the date of Interchange at the time the Damage was documented.
 
  • E.3., Item c.(2)
2) AGS Gate System (unmanned): Invoices for repair of Damages must be issued no later than 120 calendar days from the date of Interchange at the time the Damage was documented.
 

Section E.4 - Tires

  • E.4., Items a) & b)
a) Repair of Damage to tires during Motor Carrier’s possession is the sole responsibility of Motor Carrier, based on prevailing reasonable and customary repair costs and equipment use. (Revised 9/1/09)
 
b) Repair of tires unrelated to Damage occurring during Motor Carrier’s possession is the sole responsibility of the Provider, based on prevailing reasonable and customary repair costs and equipment use. (Revised 9/1/09)
 

Section E.6. - Free Days, Per Diem, Container Use, Chassis Use/Rental and/or Storage/Ocean Demurrage

  • E.6., Item d

Provider shall provide the Motor Carrier documentation as is reasonably necessary to support its invoice.

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Section H. Default Dispute Resolution and Binding Arbitration Processes

Section H.1.

In absence of a dispute resolution process contained in the Providers Addendum that establishes timeframes for signatories to the Agreement to dispute invoices and respond to the dispute with respect to Per Diem or maintenance and repair invoices, the following default dispute resolution process will apply:Invoiced Party shall advise Invoicing Party in writing of any disputed items on invoices within 30 days of the receipt of such invoice(s). Invoicing Party will respond in writing to such disputed items within 30 days of receipt of Invoiced Partys notice. The Invoiced Party will have 15 days from the date of the Invoicing Partys response to either pay the claim(s) or seek arbitration. Such disputes do not constitute valid grounds for withholding or delaying payments of undisputed charges as required by the Terms of this Agreement. [Revised 04/14/11]

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Exhibit A, B & C

Exhibit A

The Exhibit A list sets forth those items, which the Motor Carrier has responsibility for visually or audibly checking prior to use of the Equipment. (Click here to view Exhibit A to UIIA)

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Exhibit B

Repairs made to any item listed in Exhibit B that were a result of damage and not normal Wear and Tear, are the responsibility of the Motor Carrier. (Click here to view Exhibit B to UIIA)

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Exhibit C

Motor Carrier Responsibility During the Interchange Period. (Click here to view Exhibit C to UIIA)

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EP's Addendum of the UIIA

Per Diem

Section B - Definition of Terms

Section B.18

Interchange Period: The period, commencing upon Interchange to Motor Carrier and concluding upon Interchange to Provider, or another Motor Carrier that is authorized for Interchange by that Provider.

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Section E. Equipment Use

Section E.1. Equipment Return

  • E.1., Item a 

Absent a separate bilateral equipment interchange agreement in written or electronic form between the Parties, the Motor Carrier shall use the Equipment for only the purposes for which it was interchanged, not authorize use by others, and promptly return the Equipment after its interchange purpose is complete. An Addendum to this Agreement does not constitute a separate bilateral equipment interchange agreement. (Revised 02/08/16)

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  • E.1., Item b.

Motor Carrier shall return the Equipment to the physical location at which the Equipment was received unless the Provider directs the Equipment to be returned to a satellite location(s): 1) as governed by a written bilateral equipment interchange agreement between the Parties or 2) as specified in a notification from the Provider to Motor Carrier via internet posting or e-mail to return the Equipment to a Provider-designated satellite location, listed in IANAs Equipment Return Location Directory (ERLD). Satellite location(s) are facilities which are within the same local commercial territory and support operations of the Provider for the location from which the Equipment was originally received. Whenever a return location is changed, Provider must notify the Motor Carrier by e-mail by 16:00 p.m. local time the business day prior to the change becoming effective. Motor Carrier must furnish the Provider with e-mail addresses to be used for Motor Carrier notification when return locations are changed. (Revised 02/08/16)

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Section E.1. — Equipment Use — The cases listed below were rendered under the older version of E.1 that was in effect 8/1/04.

Click here for previous Agreement Wording previous decisions

 

Section E.2. Lost, Stolen, or Destroyed Equipment

  • E.2., Item d

Provider will notify Motor Carrier within 18 months from the date of Interchange if Equipment is declared lost, stolen or Destroyed. If Provider does not so notify Motor Carrier, the right to recover any associated charges or Actual Cash Value will be lost.

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Section E.6. Free Days, Per Diem, Container Use, Chassis Use/Rental and/or Storage/Ocean Demurrage Charges

  • E.6., Item a

Interchange of Equipment is on a compensation basis. Provider may permit some period of uncompensated use and thereafter impose Per Diem, Container Use, Chassis Use/Rental and/or Storage/Ocean Demurrage charges, as set forth in its Addendum. (Revised 01/17/12)

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  • E.6., Item b

Motor Carrier shall be responsible for Per Diem, Container Use, Chassis Use/Rental and/or Storage/Ocean Demurrage charges set forth in the Addenda. [Revised 01/17/12]

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  • E.6., Item c

Provider shall invoice Motor Carrier for Per Diem, Container Use, Chassis Use/Rental and/or Storage/Ocean Demurrage charges within sixty (60) days from the date on which Equipment was returned to Provider by Motor Carrier. If Motor Carrier is not invoiced within the established timeframe, the right of the Provider to recover such charges will be lost. (Revised 01/17/12)

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  • E.6., Item d

Provider shall provide the Motor Carrier documentation as is reasonably necessary to support its invoice.

PREVIOUS DECISIONS

Section G - General Terms

Section G.11 - Compliance with the Law

The Parties shall obey all applicable federal, state and local laws, rules and regulations including those pertaining to the transportation of hazardous material.

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Section G.12 - Force Majeure

In the event the Motor Carrier is unable to Interchange Equipment to Provider within the free time as specified in Provider's Addendum, or Provider's applicable Tariff, as a result of Acts of God, war, insurrections, strikes, fire, flood or any like causes beyond the Motor Carrier's control, the Motor Carrier shall be exempted from the per diem charges to the extent of, and for the duration of, the condition that prevented the redelivery of the Equipment.

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Section G.14. - Notices

  • G.14, Item b

Notices required under this Agreement from Motor Carrier to Provider, or from Provider to Motor Carrier, shall be in writing and sent via e-mail, by confirmed facsimile or by first class mail, postage paid, and properly addressed to IANA. Alternatively, such written Notice can be personally served, sent by registered or certified mail, postage prepaid, or by a national overnight courier or delivery service, properly addressed to the individual shown in the UIIA subscriber record. Either Party, at any time, may change its address by written Notice to IANA via e-mail, fax or mail. The earlier of (1) the date of receipt or (2) three days after the date such written Notice is given in accordance with this Paragraph shall constitute the initial date of Notice in computing the elapsed time as specified in any Notice requirement in this Agreement. (Revised 05/12/10)

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Section H. Default Dispute Resolution and Binding Arbitration Processes
Section H.1.
 
In absence of a dispute resolution process contained in the Providers Addendum that establishes timeframes for signatories to the Agreement to dispute invoices and respond to the dispute with respect to Per Diem or maintenance and repair invoices, the following default dispute resolution process will apply:Invoiced Party shall advise Invoicing Party in writing of any disputed items on invoices within 30 days of the receipt of such invoice(s). Invoicing Party will respond in writing to such disputed items within 30 days of receipt of Invoiced Partys notice. The Invoiced Party will have 15 days from the date of the Invoicing Partys response to either pay the claim(s) or seek arbitration. Such disputes do not constitute valid grounds for withholding or delaying payments of undisputed charges as required by the Terms of this Agreement. [Revised 04/14/11]
 
 
Section H.3
 
Should Invoiced Party fail to dispute an invoice relating to Per Diem or maintenance and repair charges within 30 days after receipt of the invoice, the Invoiced Party will lose any further right to dispute the invoice under the Invoicing Partys initial dispute process, or in absence of a dispute resolution process in the Providers Addendum, the default dispute resolution process in Section H.1. Further, the Invoiced Party, upon failing to dispute the invoice or seek arbitration within the prescribed timeframe, immediately will be responsible for payment thereof to the Invoicing Party and will lose its right to pursue binding arbitration under Exhibit D of the Agreement or assert any other defense against the invoice. [Revised [4/14/11]
 
Section H.4
 
Should the Invoicing Party fail to respond to the Invoiced Partys dispute of an invoice relating to Per Diem or maintenance and repair charges within the established timeframes in the Providers Addendum, or in absence of a dispute resolution process in the Providers Addendum, the default dispute resolution process in Section H.1., the Invoicing Party will lose its right to collect such charges and its ability to pursue binding arbitration under Exhibit D of the Agreement. [Revised [4/14/11]
 
Exhibit D - Binding Arbitration Process Guidelines

Exhibit D., Item 3

A three-member arbitration panel will be appointed by IANA to handle disputed invoices submitted for arbitration. The panel will consist of one IANA member from each mode, i.e. a Motor Carrier, Water Carrier and Railroad. However, the decision will be rendered by the two arbitrators representing the modes involved in the disputed invoice(s). The third appointed arbitrator from the mode not involved in the transaction will act as an alternate, and will render a decision only in the event the arbitrators from the involved modes cannot agree on a resolution of the dispute.

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Exhibit D., Item 7

The arbitration process will be initiated by the Invoiced Party or the Invoicing Party (Moving Party) by the filing of: a Notice of Intent to Seek Arbitration and information and arguments supporting the dispute including evidence that the applicable dispute resolution process had been followed, as set forth under Section H.1. Such Notice and required information may be submitted to IANA by e-mail, facsimile, or overnight mail. Failure of the Moving Party to submit the required documentation as outlined above will result in the claim(s) being rejected. [Revised 08/26/13]

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Exhibit D., Item 9

The arbitration process will be commenced by IANA transmittal of the Notice of Intent to Seek Arbitration and the required information and arguments to the appropriate individual in the Invoicing Party or Invoiced Party (Responding Party) organization designated to receive such Notice and information. The Responding Party will have 15 calendar days from the date of transmittal of the arbitration documents from IANA to respond. Upon receipt of the Responding Partys documents, the complete record will be transmitted by IANA to the arbitrators. Failure of the Responding Party to respond to the claim (s) within this timeframe will result in the arbitration panel rendering its decision based solely on the supporting documentation submitted by the Moving Party, along with the terms and conditions of the UIIA and/or the Providers Addenda. [Revised 08/26/13] [Revised 08/26/13]

previous decisions

EP's Addendum of the UIIA