Except as provided in this Section 8.1, any dispute involving the provisions of these Terms and Conditions or their interpretation or arising out of the transportation services arranged by PGL will be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The only circumstances in which a dispute will not be subject to the provisions of this Section are (a) when PGL seeks equitable relief to enforce any provision of these Terms and Conditions or other written agreement with the customer, (b) where a party has been made a party to a judicial proceeding and the other party is an appropriate additional party to such proceeding, or (c) where the parties have agreed otherwise in a written agreement signed by PGL and the customer.

Disputes will be decided by a panel of three arbitrators with knowledge and experience in the cargo transportation industry, although the parties to the dispute may agree to use only one mutually acceptable arbitrator. In selecting an arbitration panel, each party will select one arbitrator, and the two arbitrators will jointly select the third. The sole right of the arbitrator(s) will be to enforce or interpret the provisions of these Terms and Conditions and any applicable agreements between the parties, and not to expand the rights or obligations of the parties beyond their express terms.

Unless otherwise agreed to in writing by the parties, any such dispute will be (a) brought within one (1) year of the event giving rise to the dispute (except in the case of disputes involving cargo loss or damage, in which case the time limit is set forth in Section 7.3); (b) heard by the arbitrators, if applicable, within sixty (60) days of their selection; (c) decided within thirty (30) days after all evidence and legal arguments have been presented to the arbitrators, if applicable; (d) decided under Ohio and federal transportation law; and (e) held in Dublin, Ohio or other location agreed to by the parties to the dispute. The arbitrator will have the authority to award costs, such as pre-award interest, post-award interest, expert fees and attorneys’ fees as deemed equitable considering the circumstances, the outcome of the arbitration and the conduct of the parties. Subject to the arbitrators’ authority to award costs, each party will bear the costs of the arbitrator selected by such party and will equally share the cost of the third arbitrator (or the single arbitrator, if applicable). Any arbitration award will be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction.

All aspects of the arbitration will be treated as confidential. Neither the parties to the arbitration nor the arbitrators may disclose the existence, content or results of the arbitration, except as necessary to comply with applicable law, court order, regulatory requirements, governmental inquiry, listing standards or similar requirements. Before making any such disclosure, a party will give written notice to all other parties and will afford such parties a reasonable opportunity to protect their interests. In no event will such disclosure to comply with such requirements be deemed to waive the confidential nature of the disclosed information.