By Charlie Delacruz, Senior Vice President and General Counsel The Feb. 1 edition of the NGFA Newsletter contained an article about the availability of the widely respected and effective Surface Transportation Board’s (STB) Rail Customer and Public Assistance Office as an excellent venue that rail users can use – on a strictly confidential basis – to resolve a wide range of rail disputes with their carriers. Another too-often-overlooked forum is available through NGFA itself – the unique Rail Arbitration and Mediation Service that celebrated its 20th anniversary in 2018. ... Read More
Arbitration
Supreme Court decision favors arbitration access
By Charlie Delacruz, Senior Vice President, General Counsel and Corporate Secretary The U.S. Supreme Court on Jan. 8 decided another case strongly in favor of access to arbitration for resolution of disputes involving commercial contracts. In the case – Henry Schein, Inc. v. Archer & White Sales, Inc., (No. 17-1272) – the Court rejected the “wholly groundless” exception used by some lower courts to preclude arbitration even if the parties had agreed in their contracts to have an arbitrator – not the court – decide whether their arbitration agreement applied to a particular ... Read More
Updated NGFA Trade Rules and Arbitration booklet available
The NGFA has published a new, updated version of its popular Trade Rules and Arbitration Rules booklet that is available now for purchase. The new booklet includes the latest changes ratified by the membership during the March convention. View the Trade Rules, Arbitration Rules, Rail Arbitration Rules and Bylaws changes here. These changes already are in effect, after having been approved previously by the Board of Directors. The new booklet also includes the changes to the Trade Rules regarding Canadian Official Weights that the Board approved during its meeting at the March convention. ... Read More
NGFA’s Grain Trade Rules online course finalized
The NGFA recently finalized its Grain Trade Rules online course, which is designed to provide a summary of the 30 NGFA Grain Trade Rules and serve as a primer for the bi-annual NGFA Trade Rules Seminar. This course – the first of its kind for the NGFA – provides registrants with a digital copy of the Grain Trade Rules, as well as several case studies and commentary on the rules for reference. Online education is one of the many benefits of an NGFA membership, and an area the Association is particularly focused on expanding. The course is available here for $35, with options to enroll ... Read More
NGFA Board approves final set of new trucking-related trade rules
On May 20, 2016, the NGFA Board of Directors voted to approve final a version of NGFA’s newest trading rules – related to the transportation of grain and feed products by truck. The new truck-related additions amend NGFA Grain Trade Rule 12 to spell out the responsibilities of both buyers and sellers for grain transported by truck and sold based upon either destination or origin grades. The newly adopted provisions also amend NGFA Feed Trade Rule 18 regarding truck shipments of feed products whose condition is guaranteed upon arrival at destination. These new rules, which are designed ... Read More
NGFA Arbitration Lauded
The American Coalition for Ethanol recently presented "NGFA Arbitration – The Good, the Bad & the Ugly Alternatives," a webinar that outlined why the association’s arbitration process may appeal as a method of dispute resolution. “While NGFA was not a part of the webinar, it’s a nice reminder for our members about how we can help – if needed,” said NGFA Vice President, General Counsel and Secretary Charlie Delacruz. “Over the years, NGFA’s Trade Rules and Arbitration System have facilitated the resolution of thousands of cases, which when challenged in court have been continually ... Read More
Updated NGFA Trade Rules and Arbitration Rules Booklet Now Available
An updated NGFA Trade Rules and Arbitration Rules booklet is available now. For more than 110 years, NGFA’s trade rules and arbitration rules have been used to facilitate trade and provide an efficient way to resolve disputes involving grain, feed, barge and barge freight, secondary rail freight, and certain transactions with railroads. (Learn more about NGFA’s five sets of trade rules.) NGFA Vice President and General Counsel Charlie Delacruz said NGFA committees regularly review the rules to ensure they reflect current trade practices and technologies; the new booklet incorporates ... Read More
NGFA Recognizes Arbitrators for Their Service
During its recent convention, NGFA recognized the following members for their service as arbitrators whose cases were completed during the past year. Ben Baer, Livestock Nutrition Center, Memphis, Tenn. Bart R. Banks, Dakota Mill & Grain, Inc., Rapid City, S.D. Steve Burbrink, CGB Enterprises Inc., Mandeville, La. Doug Cropp, Landmark Services Cooperative, Cottage Grove, Wis. Steve Domm, Fremar LLC/ Central Farmers Cooperative, Marion, S.D. Jim Erickson, Farmers Win Cooperative, Fredericksburg, Iowa Randy Fardelmann, Perdue AgriBusiness LLC, Salisbury, Md. Philip Farrell, ... Read More
NGFA Adopts Changes to NGFA Arbitration Rules and NGFA Trade Rules
NGFA’s membership and Board of Directors adopted several changes to the Association’s Arbitration Rules and Trade Rules, during the annual convention. First, the membership ratified a set of amendments during the annual business meeting on March 17, which involved a major overhaul of the NGFA Arbitration Rules. The Board of Directors approved these amendments last year based upon the recommendation of the NGFA Arbitration Appeals Panel, which directed this initiative with the goal of a comprehensive restructuring and overall improvements in the rules to: Simplify the terms and improve ... Read More
Major Developments in Ag Biotech Court Cases
Two separate major actions related to agricultural biotechnology were significantly addressed this month in federal court. Syngenta Seeds v. Bunge North America Inc. On Dec. 12, the Syngenta Seeds and Bunge North America Inc. filed with the federal district court in Iowa a stipulation that Syngenta had agreed to dismiss all of its claims against Bunge, including specifically the sole claim that remained following the court of appeals’ decision to remand that claim to the lower court after denying all of Syngenta’s other claims. Syngenta’s marketing of a strain of genetically ... Read More
National Grain and Feed Association
TwitterYoutubeFacebookLinkedin