ISRISpecsSept2016

56 / 56

INSTITUTE OF SCRAP RECYCLING INDUSTRIES, INC. 55 Guidelines for Metals Transactions/ISRI Arbitration Service
respond within two business days, Buyer may return
material in most prudent manner. Subject to contract
provisions, Buyer should promptly advise Seller con-
cerning replacement of rejected material.
b. In the event of a downgrade Buyer must notify Seller
immediately by telephone or telex and afford Seller an
opportunity to inspect the material prior to its use. If
material is to be inspected by Seller or his/her represen-
tative, Buyer should agree to a mutually convenient time
to do so.
c. Buyer must give Seller option of removing material
if he/she does not agree to downgrade. (All costs of
unloading and reloading are for Seller’s account.)
Seller’s Responsibilities:
a. In the event of a rejection Seller should respond prompt-
ly and advise Buyer of his/her intentions. Seller must
reply within two business days. Subject to contract pro-
visions, he/she must advise Buyer promptly concerning
replacement of rejected material.
b. In the event of an unacceptable downgrade Seller must
advise Buyer within two business days if he/she wishes
to inspect material and agree upon a mutually conve-
nient time to do so.
c. If Seller wishes to remove downgraded material from
Buyer’s delivery point, he/she must advise Buyer
promptly. (All costs of unloading and reloading are for
Seller’s account.)
Export-Import Shipments
Buyer’s Responsibility:
a. In the event of a claim, time is of the essence and noti-
fication should be given to Seller within a reasonable
period of time after arrival of vessel in receiving port.
b. In the event of a claim, the material should be held intact
until agreement has been reached. The acceptable por-
tion of the material may be consumed and/or arrange-
ments may be made to sample a portion of material, i.e.,
10-25%with balance held intact pending resolution of
claim.
Seller’s Responsibility:
a. In the event of a claim, Seller should respond to Buyer’s
notification promptly by telephone, telex, wire, or cable.
b. When a claim settlement has been agreed upon, terms
of settlement must be followed promptly.
ISRI Arbitration Service
I ISRI established an arbitration service as a means to enable
members to use arbitration to resolve disputes.
ISRI arbitration is a voluntary procedure and must be agreed
upon by both parties in the dispute. It is not required that
both parties to the dispute be ISRI members.
The complete procedure for arbitration is set forth in ISRI’s
“Rules for Arbitration,” which are available from Association
headquarters in Washington, D.C. The rules contain the nec-
essary form that must be completed to initiate arbitration.
ISRI treats all filings, awards, and proceedings as confiden-
tial.
The rules are highlighted below:
1. Anyone may propose arbitration in a dispute, though at
least one party must be a member of the association.
Both parties must agree to the arbitration by signing a
“Submission to Arbitrate” form and agreeing to abide by
the applicable Arbitration Rules.
2. A panel of arbitrators has been established by the asso-
ciation. The arbitrators serve without compensation,
except for reasonable expenses. The arbitration parties
must draw their arbitrators from the panel. A maximum
of three arbitrators can be issued in any proceeding; the
parties are encouraged to use a single arbitrator.
3. There is a specific schedule of fees listed in the “Rules
for Arbitration.” Each party must deposit with the asso-
ciation in advance $500 plus $500 for each arbitrator.
The total deposit for each party thus is either $1,000 or
$2,000, depending on whether one arbitrator is to be
used or three. A portion of the fee is refundable if not
required to defray arbitrators’ costs. The arbitrators
may require the losing party to reimburse the prevailing
party for its share of these costs.
4. The arbitration procedure usually includes a hearing, at
which time the parties involved are required to appear,
present their respective cases, and be available for
questioning by the arbitrator(s). All physical evidence
(contracts, correspondence, relevant comments, etc.)
may be required to be submitted in advance to the arbi-
trators. A party in the arbitration may be accompanied
by counsel but must inform the other party in advance
and receive permission from the arbitrators. Witnesses
may also be called to an arbitration hearing. There is
also an optional procedure for conducting the arbitra-
tion without an oral hearing.
5. An award by the arbitrator(s) will be made promptly,
within 20 days after hearings have been completed or
final briefs submitted. The award is made in writing.
6. The rules state that the parties to the dispute shall be
deemed to have consented that a judgment upon the
award be entered in any court having jurisdiction over
an action to enforce the award.
Members who wish to provide an automatic basis for the
settlement of any disputes arising from a transaction are
encouraged to provide in their contracts that the ISRI Arbi-
tration Procedure shall prevail in the event of any ensuing
controversy and that each party will take all necessary steps
to initiate such arbitration. Members are urged to obtain and
carefully read the “Rules for Arbitration” before proceeding.
For more information, contact Eric Harris, 202/662-8514 or