Most
freight forwarders and cargo agents have signed Agency Agreements in
place supposedly to establish their working relationships.
However, whenever disputes arises, and the Agency Agreement
checked to see how the dispute is to be resolved, the aggrieved party
frequently finds that they must take legal action in another overseas
jurisdiction whose laws they don't know, where they have to appoint
an attorney who they haven't met, where they have to spend
significant amounts of time effort, possibly international travel and attorneys fees to do so.
As an
alternative, we recommend that, as a standard practice, all Agency
Agreements incorporate a clear and simple clause that states:
"Any
dispute arising out of or in connection with this Agreement, including
any question regarding its existence, validity or termination, shall be
referred to FreightDisputes and resolved by binding arbitration"
With this
simple protective statement, all disputes must be referred to binging
arbitration with FreightDisputes where the cost is clearly defined
up-front and the binding decision made by a neutral Arbitrator or
Arbitration Panel based on a combination of common sense, fairness,
equity and applied experience.
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