ARIAS•U.S. Practical Guide to Reinsurance Arbitration Procedure

ARIAS•U.S., a not-for-profit corporation existing principally as an educational society, is dedicated to promoting the integrity of the arbitration process in insurance and reinsurance disputes. Through seminars and publications, ARIAS•U.S. trains knowledgeable and reputable professionals to serve as Panel members in industry arbitrations. The ARIAS•U.S. Board of Directors certifies as arbitrators individual members who satisfy established qualification standards.

For arbitration to remain effective to resolve industry disputes, parties, their counsel, and Panel members must be familiar with arbitration procedure.

ARIAS•U.S. has created this Practical Guide to Reinsurance Arbitration Procedure (2004 Revised Edition), an update of its 1998 Guide, as a reference for arbitrators, insurance and reinsurance professionals, and attorneys involved in reinsurance arbitrations. The Guide draws principally from the experience and expertise of the ARIAS•U.S. membership and offers sample forms and practices for use in reinsurance arbitrations. The purpose of this Guide is to promote fairness, effectiveness, and efficiency in reinsurance arbitrations, i.e. the integrity of the process.

The practices in this Guide are not intended to supersede any express contractual agreements between the parties. To resolve questions about arbitration practice or procedure, one must always consult the arbitration clause in the parties' agreement first. This Guide is intended to provide a reference when (a) as often occurs, the arbitration clause provides little or no express or specific guidance to the arbitration's governing procedures, or (b) the parties wish to enhance or improve those procedures by mutual agreement. Of course, all arbitration practices and procedures are subject to and must be considered in light of any applicable law.

The Table of Contents page provides for efficient navigation through the listed sections of the Guide, since all referenced items are linked directly to their locations. Also, this online version includes convenient links from within the text to all referenced forms and sections of other documents that are here on the website. The linked forms may be edited in any word processing program and printed out.

There could be circumstances where a more portable format would facilitate the arbitration process. Therefore, a PDF of the entire guide is also available on the Forms page.

Table of Contents

Chapter I: Arbitration Initiation

Chapter II: Panel Selection

Chapter III: The Organizational Meeting

Chapter IV: Interim Awards, Discovery and Briefing

Chapter V: Hearing and Award

Chapter VI: Streamlined Arbitration Procedures