How does an FOA proceeding commence?

The carrier must receive written notice of a shipper's intention to submit a matter to the Agency for FOA at least five days prior to the shipper doing so. €¢ Within ten days of submitting the issue to the Agency, the shipper and the carrier make their final offers, including the proposed rates. €¢ Within five days of receiving the final offers, the Agency must refer the matter to the arbitrator or arbitration panel.

The arbitrator and parties decide how to conduct the arbitration proceedings. €¢ If the parties cannot agree, the Agency will provide the rules of procedure. The Agency can also provide administrative, technical or legal assistance if requested by the arbitrator.

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