Page:United States Statutes at Large Volume 109 Part 1.djvu/928

 109 STAT. 912 PUBLIC LAW 104-88 —DEC. 29, 1995 any remedies appropriate under the circumstances, including repair, replacement, refund, reimbursement for expenses, and compensation for damages. "(c) LIMITATION ON USE OF MATERIALS.— Materials and information obtained in the course of a decision making process to settle a dispute by arbitration under this section may not be used to bring an action under section 14905. "(d) ATTORNEY'S FEES TO SHIPPERS.— In any court action to resolve a dispute between a shipper of household goods and a carrier providing transportation or service subject to jurisdiction under subchapter I or III of chapter 135 concerning the transportation of household goods by such carrier, the shipper shall be awarded reasonable attorneys fees if— "(1) the shipper submits a claim to the carrier within 120 days after the date the shipment is delivered or the date the delivery is scheduled, whichever is later; "(2) the shipper prevails in such court action; and "(3)(A) a decision resolving the dispute was not rendered through arbitration under this section within the period provided under subsection (b)(8) of this section or an extension of such period under such subsection; or "(B) the court proceeding is to enforce a decision rendered through arbitration under this section and is instituted after the period for performance under such decision has elapsed. "(e) ATTORNEY'S FEES TO CARRIERS.—In any court action to resolve a dispute between a shipper of household goods and a carrier providing transportation, or service subject to jurisdiction under subchapter I or III of chapter 135 concerning the transportation of household goods by such carrier, such carrier may be awarded reasonable attorney's fees by the court only if the shipper brought such action in bad faith— "(1) after resolution of such dispute through arbitration under this section; or "(2) after institution of an arbitration proceeding by the shipper to resolve such dispute under this section but before— "(A) the period provided under subsection (b)(8) for resolution of such dispute (including, if applicable, an extension of such period under such subsection) ends; and "(B) a decision resolving such dispute is rendered. "(f) LIMITATION OF APPLICABILITY TO COLLECT-ON -DELIVERY TRANSPORTATION. —The provisions of this section shall apply only in the case of collect-on-delivery transportation of household goods. "(g) REVIEW BY SECRETARY.— Not later than 18 months after the effective date of this section, the Secretary shall complete a review of the dispute settlement program established under this Reports. section. If, after notice and opportunity for comment, the Secretary determines that changes are necessary to such program to ensure the fair and equitable resolution of disputes under this section, the Secretary shall implement such changes and transmit a report to Congress on such changes. "§ 14709. Tariff reconciliation rules for motor carriers of property "Subject to review and approval by the Board, motor carriers subject to jurisdiction under subchapter I of chapter 135 (other than motor carriers providing transportation of household goods) and shippers may resolve, by mutual consent, overcharge and

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