FREQUENTLY ASKED QUESTIONS

 

 

1.       Do I have to pay for the services of the Cargo Agency Commissioner/Ombudsman?

As the Office is funded by Cargo Intermediaries and IATA, only exceptionally and for cause is a charge made to those availing themselves of the service. 

 

2.       What is the range of the Commissioner’s services?

The Commissioner is empowered to conduct reviews and to act in the circumstances described in Resolution 811e, Sections 1 and 2.

 

3.       Are the services of a lawyer necessary when seeking or undergoing a Commissioner review?

The option is open to a Cargo Intermediary whether or not to engage counsel.  The Commissioner’s procedures (viz  Rules of Practice & Procedure) are expressed in layman’s language and are purposely kept simple. Review proceedings are as informal as the parties permit.  The aim is to secure fair and expeditious settlement of each dispute at minimal cost.

 

4.       How long does a Commissioner review proceeding last?

Typically, a review is completed within the week because disputes are often time sensitive. The formality of a face-to-face hearing of the parties can be avoided, by agreement of the parties, and review using telecommunications is commonly used.

 

5.       Does a Cargo Intermediary’s appeal against an IATA decision concerning its registered status cause that decision to be stayed pending the outcome of the review?

That would depend on the circumstances but in some cases it would. Resolution 811e, Section 3.4.1 explains the position.

6.       Am I permitted to put questions to the Commissioner?

The Commissioner does not provide ad hoc guidance to individual Cargo Intermediaries or to individual Airlines although he may answer questions of fact not relating to a proceeding in course.

 

7.       Are the Commissioner’s decisions published?

The parties to a review proceeding receive a decision in writing which is not, however, more widely released unless the Parties agree to such publication. The Commissioner’s annual report, to the Cargo Agency Conference, does not identify the individual Parties.

 

8.       What is the best way to contact the Commissioner?

Email is the preferred method of communication because of its speed and accessibility. Currently, the same person is Cargo Agency Commissioner for all three IATA Conference Areas and his particulars are given in CONTACTS.

 

9.       What remedy is available to a Cargo Intermediary who wishes to challenge the Commissioner’s decision with regard to that Cargo Intermediary?

The provisions of Section 9 of the respective Cargo Agency Rules foresee arbitration under the rules of the ICC Court of Arbitration as the remedy for such an aggrieved party.