Recently my office was representing a shipper in a dispute where the shipper had signed a purchase agreement detailing the understanding of both parties prior to supplying product. The shipper requested that I file a PACA complaint against the buyer for a breach of contract of the agreement but embedded in the agreement was a requirement that all disputes under the agreement be submitted to mediation and ultimately arbitration. As anticipated, the PACA referred to precedent decisions that detailed if the parties have agreed upon an arbitration provision, it must be followed.

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