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(1) In General. An individual ocean common carrier or an
agreement between or among ocean common carriers may enter into a service
contract with one or more shippers subject to the requirements of this
Act. The exclusive remedy for a breach of a contract entered into under
this subsection shall be an action in an appropriate court, unless the
parties otherwise agree. In no case may the contract dispute resolution
forum be controlled by or in any way affiliated with a controlled carrier
as defined in section 3(8) of this Act, or by the government which owns or
controls the carrier. (2) Filing Requirements. Except for service contracts dealing with bulk cargo, forest products, recycled metal scrap, new assembled motor vehicles, waste paper, or paper waste, each contract entered into under this subsection by an individual ocean common carrier or an agreement shall be filed confidentially with the Commission. Each service contract shall include the following essential terms_ (A) the origin and destination port ranges; (B) the origin and destination geographic areas in the case of through intermodal movements; (C) the commodity or commodities involved; (D) the minimum volume or portion; |
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