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Rules Relating to Single Newer Arbitrator Proceeding

The following rules are from the Procedures for the Resolution of U.S. Insurance and Reinsurance Disputes, Regular Panel Version, April 2004. They are shown here separately for their applicability to the ARIAS Newer Arbitrator Program.

16.5 Ex parte communication with the Neutral arbitrator is prohibited.

16.6 Within 21 days from the date the Neutral arbitrator is agreed upon, the Parties and the Neutral arbitrator will conduct an organizational meeting by telephone conference call to familiarize the Neutral arbitrator with the issues in dispute and to agree on a schedule for submission of briefs.

16.7 There shall be no discovery, unless the Parties agree otherwise.

16.8 The dispute shall be submitted to the Neutral arbitrator on briefs and documentary evidence only, unless the Parties agree otherwise.

16.9 The Neutral arbitrator shall render its decision in accordance with the provisions of Article 15 of these Procedures, which is shown below.

15. AWARD

15.1 Absent good cause for an extension as determined by the Panel, the Panel shall render the Award within thirty (30) days after the date of the closing of the hearing or, if an arbitration hearing has been waived or otherwise dispensed with, within thirty (30) days after the date that the Panel received all materials submitted by the Parties for disposition.

15.2 The decision and Award of a majority of the Panel shall be final and binding on the Parties.

15.3 The Panel is authorized to award any remedy permitted by the Arbitration Agreement or subsequent written agreement of the Parties. In the absence of explicit written agreement to the contrary, the Panel is also authorized to award any remedy or sanctions allowed by applicable law, including, but not limited to: monetary damages; equitable relief; pre- or post- award interest; costs of arbitration; attorney fees; and other final or interim relief.

15.4 The Award shall consist of a written statement signed by a majority of the Panel setting forth the disposition of the claims and the relief, if any, awarded. If both Parties request a written rationale for the Panel’s Award, the Panel shall provide one. If either Party objects to a written rationale, the Panel shall not issue one.

15.5 The prohibition on ex parte communications shall remain in effect until the earlier of the Parties waiving their right to challenge the Award, the expiration of the time period during which a challenge could be filed without any such challenge being filed, or the conclusion of any challenge to the Award.

The complete Procedures document is available here.