ARIAS (2014)—general procedure

Produced in partnership with Ralph Morley of 7KBW
Practice notes

ARIAS (2014)—general procedure

Produced in partnership with Ralph Morley of 7KBW

Practice notes
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This Practice Note summarises the procedure for progress of a dispute under the 3rd edition of the AIDA Reinsurance and Insurance and Arbitration Society (ARIAS) (UK) Rules (the ARIAS Rules), which were adopted in 2014. For an introduction to ARIAS, see Practice Note: ARIAS (UK) Rules and Procedure.

There is no standardised procedural framework governing the progress of an ARIAS arbitration to a hearing, unlike other arbitration rules. The emphasis is on the parties themselves agreeing a procedure and time scales (ARIAS, rule 10.1 and Note to Rule 10) which enable the proportionate resolution of the dispute.

Where the parties do agree, the tribunal is entitled to overrule any agreement which it considers does not permit the resolution of the dispute in a proportionate manner without unnecessary delay or expense (ARIAS, rule 10.1).

In practice, an arbitral tribunal is likely to give considerable weight to any solutions which the parties themselves have agreed on for any given matter relating to the progress of the claim, in keeping with the contractual and consensual basis for the arbitration.

Ralph Morley
Ralph Morley

Ralph has a broad practice across all areas of commercial law, including insurance and reinsurance, international arbitration, Admiralty and shipping, commercial disputes and professional negligence. In the insurance sector, Ralph has developed particular experience in property damage (including marine and non-marine risks) and business interruption policies, Bermuda Form mass tort liability insurance and political risk, acting for both policyholders and insurers. Ralph is ranked by the legal directories in insurance, commercial dispute resolution, shipping and professional negligence.

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Jurisdiction(s):
United Kingdom
Key definition:
ACT definition
What does ACT mean?

Association of Corporate Treasurers.

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