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:
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 trial, unlike other arbitration rules or the Civil Procedure Rules 1998 (CPR), SI 1998/3132. 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.
In practice, where the seat of the arbitration proceedings is England and Wales, the procedural law will be English law so the procedure is likely to reflect the provisions of the Arbitration Act 1996 and the CPR unless it has been agreed otherwise.
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
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