The UIIA program is managed by the North American Intermodal Association (“IANA”), a transportation association that represents the combined interests of the intermodal freight industry. The UIIA is a standard exchange contract that has been designed to promote intermodal productivity and operational efficiency through the development of uniform industrial processes and procedures for the exchange of intermodal equipment between shipping agencies, railways, equipment leasing companies and intermodal HGV companies. See www.uiia.org. A copy of the UIIA and a request to participate in the UIIA program are available under www.uiia.org.  “A) An alliance, promise, agreement or understanding in or in relation to or in relation to a carrier`s transportation contract that purports to compensate the promise of liability for damages that are held unscathed by the negligence of the promise, enforcement officer or agent or compensation is contrary to public order and is null and void. (b) subsection (a) does not apply to the single intermodal exchange and access agreement to facilities managed by the Intermodal Association of North America, nor to any other agreement providing for the exchange, use or possession of chassis, containers or other intermodal equipment.” Tennessee. CODE ANN. No. 65-15-108 (2008).
The UIIA also includes an agreement to file all maintenance, repair or invoice disputes for the holding of containers or chassis between users and device suppliers for binding arbitration proceedings. The arbitration procedure is managed exclusively by IANA. The guidelines for arbitration procedures are contained in Schedule D of the UIIA. By participating in the UIIA, a road transport company agrees to be bound by the provisions of the UIIA and any subsequent changes governing the replacement and use of equipment in the intermodal exchange service. The equipment supplier, usually a shipping company, a railway company or a leasing company, agrees that the UIIA will be the only agreement to be used in its exchange activities with an engine company prohibited by the UIIA, unless it is generally replaced by a separate bilateral exchange contract for written equipment.  As a general rule, the law states that, in spite of any other provision, “a provision, clause, agreement or agreement included in a transport contract for road hauliers or which relates to a transport contract that purports to be unscathed, defended or unscathed, or has the effect that liability in the event of loss or damage resulting from negligence or intentional acts or omissions of the promise , is nonsible and unworkable. Md.