Procedures & Ground Rules

^{Procedures and Ground Rules}

Arbitrators and insurance / reinsurance companies have long recognized the benefits of neutral arbitration panels. With the goal of supporting efficiency and fairness of the arbitration process, transparency and unbiased adjudication of disputes, the concept of Pre-set Neutral Panels was first proposed in 2005. (See All-Neutral Arbitration Panels, XV Mealey’s Reins. Rpt. No. 24 at 23 (April 28, 2005).)

The Pre-set Neutral Panel approach fosters best practices in arbitration by:

Eliminating the arbitrator bias in panel selection
Offering full transparency over random selection
Creating immediate efficiency
Providing ease of process / selection
Ensuring experienced panel members

Using Pre-set Neutral Panels avoids weeks / months of expensive legal activity and delay over umpire selection, eliminates gamesmanship in umpire selection, and eliminates arbitrator bias, which 51% of industry respondents have identified as the biggest problem in the arbitration system today. (As reported by the ARIAS-US Ethics Committee at the ARIAS Spring 2024 Conference.)

Pre-Set Neutral Panel and Party Commitments

At the beginning of the dispute resolution process, parties can mutually agree to select from the list of three-person panels provided on this website.

The Pre-set Neutral Panels are comprised of ARIAS-US certified arbitrators (or other recognized qualification or certification) who are experienced in the insurance and reinsurance business and dispute resolution process.

Note: any three-person group of experienced insurance / reinsurance arbitrators may request to be listed on this website as a Pre-set Neutral Panel as long as they agree to commit to these Procedures and Ground Rules.

Importantly, the arbitrators commit to the highest standards of ethical conduct as exemplified in the ARIAS-US Code of Conduct. Further, the Ground Rules below are an integral part of this process. If a panel member is unable to serve based on the Ground Rules below, the entire Pre-set Neutral Panel is disqualified for that arbitration.

Once appointed, the panel members will select an administrative chair for the entire proceeding, by issue, or by stage of proceedings.

The Pre-set Neutral Panels will guarantee a virtual organizational meeting within forty-five (45) days of appointment or within sixty (60) days of appointment if the parties require an in-person organizational meeting.

The parties are guaranteed a reasoned decision within thirty (30) days of the close of the case, unless otherwise required by both parties. The Pre-set Neutral Panel will remain constituted post ruling for administrative and other issues necessary to the completion of the arbitration.

Pre-set Neutral Panels agree to:

Compliance with the ARIAS-US Code of Conduct
Accept a single non-refundable retainer (or refundable until seven (7) days prior to the organizational meeting)
No cancellation fees for a cancelled hearing
Enter into a standard confidentiality agreement, including mandatory document return / destruction requests (subject to panel members retaining certain key documents for their records, which remain subject to the confidentiality agreement)

Parties selecting Pre-set Neutral Panels are required to:

Sign a formal retention agreement for the Pre-set Neutral Panel
Provide a standard hold harmless agreement for all members of the Pre-set Neutral Panel
Pay the retainer payments upon execution of the retention agreement
Agree to share all fees and expenses of the Pre-set Neutral Panel equally between the parties
Remit all invoice payments within thirty (30) days of receipt

Selection Process

Parties may agree to their own Pre-set Neutral Panel selection process. The list of Pre-set Neutral Panels can be accessed on this website.

Upon agreement, the parties shall jointly contact each member of the Pre-set Neutral Panel, identifying the parties / affiliates and counsel, as well as a brief description of the subject matter of the arbitration. The Pre-set Neutral Panel shall promptly advise the parties and counsel whether they are able to serve based on the Ground Rules below.

Ground Rules for Arbitrator Selection

These Ground Rules shall apply to all members of a Pre-set Neutral Panel. All arbitrators listed as a member of one or more Pre-set Neutral Panels pursuant to this program, shall agree to be bound by these Ground Rules.

The arbitrators and parties agree that under the following circumstances, a Pre-set Neutral Panel candidate (“Candidate”) shall not serve if:

A Candidate is currently serving as either an expert witness or party-appointed arbitrator for either party (including affiliates), or for either counsel.
A Candidate currently represents or has represented either party (including affiliates) as counsel within the last five (5) years.
A Candidate has been an officer or employee of either party (including affiliates), or affiliated with either counsel, within the last five (5) years.
A Candidate has been a party-appointed arbitrator or expert witness (or combination thereof) for, or on behalf of, either party (including affiliates) or counsel on three (3) or more occasions within the last five (5) years. Arbitrations that did not proceed after the Organizational Meeting shall not be counted. Arbitrations involving all-neutral panels shall also not be counted.
A Candidate has been the umpire in cases involving either party (including affiliates) or counsel on six (6) or more occasions within the last five (5) years. Arbitrations that did not proceed after the Organizational Meeting shall not be counted. Arbitrations involving all-neutral panels shall also not be counted.
A Candidate states that he /she is unwilling to abide by the ARIAS-US Code of Conduct or these Ground Rules. In the event of any conflict between these Ground Rules and the ARIAS-US Code of Conduct, these Ground Rules shall apply.
Once selected, all members of the Pre-set Neutral Panel, collectively and individiually, shall agree not to accept appointments as an expert witness or party-appointed arbitrator for or against either party, its affiliates, or the parties’ counsel prior to the disposition of the matter for which the Pre-set Neutral Panel was selected.