FMC – Complaint Allowed Following Successful Arbitration

Vacating the dismissal order issued by an Administrative Law Judge (ALJ), the Federal Maritime Commission (FMC) ruled that a complainant should be allowed an opportunity to assert before the Commission various allegations that a non-vessel-operating common carrier (NVOCC) violated the Shipping Act of 1984, even though the same basic allegations were raised in a prior arbitration proceeding. The Commission will not, though, look into disputes previously addressed in the arbitration proceeding that are based upon common law breach of contract claims. Source: HK Law