In March 2020, the Federal Maritime Commission (FMC) initiated an investigation, Fact Finding No. 29: International Ocean Transportation Supply Chain Engagement, in order to identify operational solutions to cargo delivery system challenges related to Coronavirus-19.

Fact Finding 29: International Ocean Transportation Supply Chain Engagement

SEEKING REPARATION FOR PAYMENT OF UNFAIR DEMURRAGE & DETENTION

Companies seeking review of unfairly paid demurrage and detention are able to file either a Formal Complaint or Small Claims filing with the FMC.

formal complaint

A formal complaint may be filed with the FMC to allege violations of the Shipping Act under 46 U.S.C. Chapter 411 and to seek reparations (damages).

A formal complaint must:

• Allege violations of specific sections of the Shipping Act, 46 U.S.C. Chapter 411
• Be verified (sworn)
• Be filed within three years of the violation, if seeking reparation
• Include the name, address and email address of each complainant, the name, address and email address of each complainant’s attorney or agent, the name and address of each person against whom the complaint is made
• Include concise statement of the cause of action and a request for relief or other affirmative action sought
• Designate the place at which a hearing is desired
• Include an original and 5 copies
• Be accompanied by a filing fee
• Be filed with the Secretary of the Federal Maritime Commission by sending paper copies to:

Rachel E. Dickon
Secretary
Federal Maritime Commission
800 N. Capitol St. N.W.
Washington, DC 20573

small claims filing

Claims filed under this subpart in the amount of $50,000 or less will be decided by a Small Claims Officer appointed by the Federal Maritime Commission’s Chief Administrative Law Judge, without the necessity of formal proceedings under the rules of this part.

Authority to issue decisions under this subpart is delegated to the appointed Small Claims Officer and are final. Alleging violations must be filed within three years from the time the cause of action accrues.

For full details on filing both formal and small claims complaints with the Federal Maritime Commission, visit the Consumer Affairs & Dispute Resolution Services Filing website.

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