Carr, who regularly sits on the arbitration panel, explains that “the process consists of just four submissions: the claimant’s presentation, the respondent’s reply, and rebuttals from both parties. This is usually all that’s needed to allow the parties to fully make their case. And, if not, the process is flexible enough to allow [the arbitration panel] to request additional submissions if, for instance, we don’t think a party has had a full opportunity to respond to facts or allegations raised by the other party.
“Ultimately, the process delivers a binding decision that explains our reasoning to the parties,” Carr shares. “In almost all cases, the parties have been respectful of one another and the process and, win or lose, have abided by the decision without the need for any enforcement action.”
Closing Remarks
Arbitration is not unique to the fresh produce industry; but the arbitration services offered by the DRC and Blue Book are specifically designed to meet the industry’s needs, much like PACA’s reparation process. And while some cases may be better suited for traditional litigation, a produce business that finds itself knee-deep in a lawsuit may come to appreciate the relative speed and efficiency offered by arbitration.
