Practical Guide

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 expressed 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.

Practical Guide to Reinsurance Arbitration Procedures (2004 Edition)
Download the Practical Guide to Reinsurance Arbitration Procedures or download individual chapters below:

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Table of Contents 

Chapter I: Arbitration Initiation
1.1 Illustrative Arbitration Clause
1.2 Arbitration Demand
1.3 Response to the Arbitration Demand
Chapter II: Panel Selection
2.1 Sample Arbitration Clause Language for Panel Formation
2.2 Alternatives for Umpire Selection
2.3 “Disinterested” Arbitrators
2.4 Disclosure Statements

ARIAS•U.S. Sample Form 2.1: Umpire Questionnaire

Chapter III: The Organizational Meeting
3.1 Pre-Meeting Conference Call
3.2 Site of the Organizational Meeting
3.3 Statement Submitted to the Panel Before the Organizational Meeting
3.4 Identification of Issues to Be Arbitrated
3.5 Organizational Meeting Attendance
3.6 Panel Disclosures
3.7 Formal Acceptance of Panel
3.8 Confidentiality
3.9 Ex Parte Communications
3.10 Scheduling
3.11 Party Stipulations
3.12 Interim Disputes
3.13 Miscellaneous Issues

ARIAS•U.S. Sample Form 3.1: Agenda for the Organizational Meeting
ARIAS•U.S. Sample Form 3.2: Hold Harmless Agreement
ARIAS•U.S. Sample Form 3.3: Confidentiality Agreement

Chapter IV: Interim Awards, Discovery and Briefing
4.1 Discovery Schedule
4.2 Use of Expert Witnesses
4.3 Pre-Hearing Briefs
4.4 Interim Awards
ARIAS•U.S. Sample Form 4.1: Scheduling Order
ARIAS•U.S. Sample Form 4.2: Pre-Hearing Security Order

Chapter V: Hearing and Award
5.1 Pre-Hearing Conference Call
5.2 Proposed Form of Order
5.3 The Final Award
5.4 A “Reasoned” Award
5.5 Post-Hearing Contact with the Arbitration Panel

Chapter VI: Streamlined Arbitration Procedures
6.1 Organizational Meeting by Telephone
6.2 Streamlined Discovery
6.3 Streamlined Hearing

All referenced forms in the Practical Guide can be located on the Forms page on the website.