ARIAS (2014)—appointing arbitrators
Produced in partnership with Ralph Morley of 7 King’s Bench Walk
ARIAS (2014)—appointing arbitrators

The following Arbitration guidance note Produced in partnership with Ralph Morley of 7 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • ARIAS (2014)—appointing arbitrators
  • Requirements under ARIAS Rules
  • ARIAS appointment in default of agreement
  • Declaring Interests
  • Fees and expenses

This Practice Note summarises the procedure for appointing arbitrators under the 3rd edition of the ARIAS (UK) Rules, which were adopted in 2014 (the ARIAS Rules).

For an introduction to ARIAS, see Practice Note: Arbitration under the ARIAS (UK) Rules 2014.

Requirements under ARIAS Rules

Parties to an ARIAS arbitration are able to agree how many arbitrators should form their tribunal and what qualifications they should have (ARIAS, rule 6.1).

If and to the extent that the parties do not agree on the composition of the tribunal, the default provisions set out in the ARIAS rules apply (which are the same in their basic structure as the procedure for appointment of a tribunal under the ARIAS arbitration clause). The rules state that, subject to any contrary agreement by the parties:

  1. the tribunal will comprise three arbitrators. One is appointed by the claimant, another by the respondent, and the third is appointed by the other two arbitrators (ARIAS, rule 6.2)

  2. the arbitrators must be persons with not less than ten years’ experience of insurance or reinsurance, either in the industry, or as lawyers or as other professional advisors to the industry (ARIAS, rule 6.3)

  3. the two arbitrators may (but are not obliged to) consult with their appointing parties about the third member (ARIAS, rule 6.7)

  4. the third member should be appointed as soon