This relates back to the provision on reciprocal penalties and balance. If the penalties are balanced, that's going to incent efficiency. If they are sided in one direction or the other, they are not going to incent efficiency in the way that a decision made on reciprocal penalties would. It doesn't mean that the arbitrator has to be giving to the shipper exactly what he does to the railway, but it means that there has to be balance in how the penalties are applied. If we remove this, then there is no obligation for that balance, which is really the purpose of this provision, and shippers have been asking for that for a very long time.
On October 3rd, 2017. See this statement in context.