Newer Arbitrator Program
In recent years, ARIAS•U.S. has certified a large number of new arbitrators with extensive experience and impressive qualifications. Many of these new arbitrators have not yet served on an arbitration panel, other than as part of the mock arbitrations in the ARIAS•U.S. intensive workshops. This is largely due to the fact that many parties in reinsurance disputes prefer to appoint someone with arbitration experience.
At the same time, parties with smaller value disputes are faced with the problem that a full-scale arbitration process can be costly and time prohibitive, with the result that there is no efficient way to resolve differences.
This ARIAS•U.S. program attempts to solve those problems by providing parties with lower dollar-threshold reinsurance disputes a way to utilize newer arbitrators to conduct efficient arbitration proceedings.
“Newer” Arbitrator Eligibility Criteria
To take part in this program, a member must meet the following requirements:
|Membership||ARIAS·U.S. Member in good standing|
|Prior Qualification||ARIAS·U.S. Certified Arbitrator|
|Training Experience||Training/experience as follows:|
|Option A||Successful completion of a mediation training program that requires a minimum of 35 hours of instruction and is otherwise satisfactory to the Board of ARIAS•U.S or its designee; or|
|Option B||Other specialized experience in consensual dispute resolution that is satisfactory to the Board of ARIAS or its designee as being equivalent to Option A. above.|
Two Program Options
A. Expedited Proceeding with a Single Newer Arbitrator
This option is suggested for disputes involving three or fewer separate issues (as defined by the parties) in dispute and a contested value of up to U.S $250,000 (exclusive of claims for interest, attorney’s fees or extra-contractual relief, if any).
- Newer Arbitrator is selected as single neutral from ARIAS Newer Arbitrator list, pursuant to the ARIAS Umpire Selection Procedure. Newer Arbitrator list may be narrowed to match issues in dispute with arbitrators’ current/recent practice or experience.
- Rules 16.5 to 16.9 (click here to read) of the Procedures for the Resolution of U.S. Insurance and Reinsurance Disputes, Regular Panel Version, April 2004 (“Procedures”) shall apply to the dispute, except that the arbitrator shall render a decision within three months from the date the arbitrator is selected.
B. Three-Member Panel of Newer Arbitrators
This option is suggested for disputes involving four or fewer fewer separate issues (as defined by the parties) and a contested value of up to U.S $1,000,000 (exclusive of claims for interest, attorney’s fees or extra-contractual relief, if any).
- Each party selects a Newer Arbitrator from ARIAS Newer Arbitrator list, pursuant to Rules 6.1, Alternative 6.2, 6.3 and 6.4 (click here to read) of the Procedures.
- The umpire is appointed pursuant to either 1) the ARIAS Umpire Selection Procedure utilizing the Newer Arbitrator list or 2) pursuant to Rule 6.1 of the Procedures, provided that (i) the umpire candidate must have completed at least one arbitration, and (ii) the umpire candidate must be able to meet the timeframes set forth in the paragraph below.
- The Procedures shall apply to the dispute, except that the arbitrators shall hold the Organizational Meeting within thirty days of the panel being constituted, and shall render its decision within six months from the date the panel is constituted.
- If both parties agree at or before completion of the Organizational Meeting, there shall be no hearing and the dispute shall be resolved based on summary disposition.
- Parties may wish to consider utilizing Optional Streamlined Discovery Parameters.
- If hearing is held, it shall be no more than two days’ duration.
- Panel shall render its decision within one week of submission of briefs or of hearing. Should the contract(s) at issue not specify a reasoned decision, a reasoned decision shall be rendered only where the parties have agreed to same by the close of the Organizational Meeting.
How do parties take advantage of this new program?
Interested parties must agree to utilize the Newer Arbitrator Program in lieu of the terms and conditions contained in the arbitration clause(s) of the relevant reinsurance contract(s).
Representatives of the parties should contact Larry Schiffer at firstname.lastname@example.org for the selection of the umpire in either the Single Newer Arbitrator proceeding or the Three-Member Panel when using the ARIAS Umpire Selection Procedure.
For a detailed understanding of the procedures and streamlined discovery parameters download below:
ARIAS•U.S. Procedures for the Resolution of U.S. Insurance and Reinsurance Disputes
ARIAS•U.S. Streamlined Discovery Parameters