Reference Guide To Arbitration Forums, Inc.’s Agreements .
Reference GuidetoArbitration Forums, Inc.’sAgreements and RulesEffective December 14, 2020(Updated December 14, 2020)
Table of 627282930313233343536373839404142Arbitration Forums, Inc.’s BackgroundDefinitionsArticle First – Compulsory ProvisionsArticle Second – Exclusions to Compulsory ArbitrationArticle Third – DecisionsArticle Fourth – Non-Compulsory ProvisionsArticle Fifth – AF’s AuthorityArticle Sixth – Membership WithdrawalPreamble – Condition PrecedentRule 1-1 – Geographic PrecedentRule 1-2 – Suit Dismissal and Statute of LimitationsRule 1-3 – Monetary LimitRule 1-4 – ImpleadingRule 2-1 – Filing ProcessRule 2-2 – Responding ProcessRule 2-3 – Legal FeesRule 2-4 – Affirmative Defense/Pleading RequirementsRule 2-5 – Disputing DamagesRule 2-6 – Companion ClaimsRule 2-7 – Pre-hearing SettlementRule 2-8 – Re-filing After Improper Objection to JurisdictionRule 2-9 – RescheduleRule 2-10 – DefermentRule 2-11 – Product Liability EvidenceRule 2-12 – Appeal Process (Property and Special Forums)Rule 3-1 – Notice of HearingRule 3-2 – Failure to AnswerRule 3-3 – Arbitration Panel SizeRule 3-4 – AdjournmentsRule 3-5 – Arbitrator ConsiderationRule 3-6 – Hearing Informality and ConfidentialityRule 3-7 – Personal Appearance at HearingRule 3-8 – Arbitrator NeutralityRule 3-9 – Post-Decision Coverage AllowancesRule 4-1 – No Default JudgmentsRule 4-2 – Clerical or Jurisdictional ErrorsRule 4-3 – Decision PublicationRule 5-1 – Award PaymentRule 5-2 – Unpaid Award ProcessRule 5-3 – Supplemental DamagesRule 6-1 – Filing FeesRule 6-2 – Physical Evidence 4454748495051535456575960626365666768
Chapter 1Arbitration Forums, Inc.’sBackgroundThe Federal Arbitration Act of 1925 establishes thevalidity of agreements to arbitrate disputes arisingout of maritime, interstate, or foreign commerce.This statute also allows parties to agree to arbitrate.Many insurers are signatories to agreements thatprovide for arbitration. The Uniform Arbitration Actand subsequent state acts further address arbitrationagreements. Under the agreements, the involvedparties agree to submit any applicable dispute thatmay arise between them to arbitration instead oflitigation. These agreements mandate the disputesthe parties must take to arbitration.An effort by the casualty insurance industry toseek arbitration as an alternative to litigation beganin 1943 in New York. The New York City ClaimManagers’ Council appointed a committee to serveas an arbitration board. Members of the ClaimManagers’ Council agreed to arbitrate certainautomobile physical damage subrogation claimdisputes arising among themselves. The arbitrationboard confined its service to members of theAssociation of Casualty and Surety Companies andthe National Association of Mutual CasualtyCompanies in metropolitan New York.By 1951, the casualty insurance industrythroughout the United States recognized the successof this New York venture. The insurance companiesimproved their intercompany working relationshipsby reducing the amount of litigation and the relatedcosts. Due to this local success, the CombinedClaims Committee rewrote the original agreementand sponsored it as a nationwide program called �� (predecessor to the AutomobileSubrogation Arbitration Agreement).During the 1950s, the Combined Claims Committeecreated two additional arbitration programs. Thefirst program was the International ReciprocalArbitration Agreement, which expanded theAutomobile Arbitration program to accidentsinvolving U.S. and Canadian insureds. In 1957, the 2019 Arb itration Foru ms, Inc.committee created the second program with theSpecial Arbitration Agreement.Although the Combined Claims Committeeestablished Special Arbitration to settle disputesbetween liability carriers of casualty insurancepolicies, it was to become the cornerstone forcommercial disputes. Participants in commercialdisputes may include self-insured businesses orcommercial insureds with large retentions. Underjoint and several statutes, a contractual obligationmay bind a non-negligent party to a negligenttortfeasor that makes one or both obligated to paydamage to a third party. The negligent act may beone that causes personal injury or property damage.The Special Arbitration Forum’s purpose is todetermine contribution or apportionment of liabilityamong third-party insurers and to resolveoverlapping coverage disputes.Through the early years, the arbitration programsgrew to 480 participating companies. By the late1960s, arbitration committees were hearing andclosing almost 100,000 cases annually. Thedevelopment and administration of the arbitrationprogram continued to require more time at theCombined Claims Committee meetings. As a result,in 1967, the Combined Claims Committeetransferred its arbitration sponsorship to anindependent committee called the Committee onInsurance Arbitration.In 1970, the Committee on Insurance eindustry's need for a Property SubrogationArbitration Forum. Before the establishment of thisForum, most of the property cases involved anautomobile hitting a dwelling or business. TheAutomobile Subrogation Arbitration Forum heardthese cases with the consent of all involved parties.With the arrival of the Property ArbitrationAgreement, insurers could become signatories andhave all of their cases heard in this new Forum.Reference Guide (Effective December 14, 2020)3
TheCommitteeonInsuranceArbitrationrepresented all segments of the insurance industry.It included companies belonging to three tradeassociations (Alliance of American Insurers,American Insurance Association, and NationalAlliance of Independent Insurers), along withcompanies without any trade association affiliation.This insurance arbitration committee became thelargest system of its kind in the world. Clearly,there was a need to create a legal entity toadminister the arbitration programs.objective, neutral administrative service, the Boardfelt the new name would better express its missionand goals.This concern led to the creation of ArbitrationForums, a not-for-profit corporation, to replace theCommitteeonInsuranceArbitration.TheCommittee on Insurance Arbitration incorporated in1981 with the corporate name of InsuranceArbitration Forums, Incorporated. With theformation of the corporation, the Board ofGovernors of the Committee on InsuranceArbitration became the Board of Directors for thenew corporation.In 2009, AF moved all processing and call centeroperations to Tampa, Florida. By having all of theseoperations based out of one location, AF created asingle management structure providing dramaticallyenhanced service, consistent processing, acceleratedresponse times, and improved usability for tedremained the corporate name until 1986, when theBoard of Directors resolved to eliminate“Insurance” from the name. This change reflectedthe expansion of AF’s programs to includearbitration situations outside the insurance companyarena. These additional mediation and arbitrationservices fulfilled a direct need expressed by theinsurance industry. Because AF always provided an 2019 Arb itration Foru ms, Inc.As it grew, AF moved its corporate offices in 1983from New York City to Tarrytown, New York. In1992, it moved to its current corporate headquartersin Tampa, Florida. During the early 1990s, theBoard of Directors and management became moreresponsive to member needs by re-engineering thecorporation and developing automation systems.Progress continues as annually, AF’s members fileover 872,000 arbitration disputes and 1.8 millionsubrogation demands collectively worth over 13.5billion in claimsArbitration Forums has grown from an idea in 1943to the recognized and respected corporation that it istoday. The corporation is proud of its legacy andconstantly strives to achieve the highest quality inevery service offered. We hope that this referenceguide attests to this fact.Reference Guide (Effective December 14, 2020)4
Chapter 2DefinitionsThe following definitions are provided to ensureconsistent interpretation of terms used within thevarious AF Agreements and Rules.Adjournment – An interruption of a hearing at thearbitrator’s(s’) discretion for a maximum of 30days.Affirmative Defense – A complete defense thatdoes not address the allegations, but instead, assertsthat a party or the filing is excluded fromcompulsory arbitration. See also Exclusion.Affirmative Pleading – An issue or legal doctrinethat could change how damages are awarded.Examples include bailment and joint and severalliability. Might also be raised to address/refute anopposing party’s affirmative defense.Casualty Insurance – (Special Arbitration) Aninsurancecontractthatprovidesindemnity(including UM coverage but excluding UIMcoverage) and/or defense to the insured for legalliability arising from an accident, occurrence, orevent for which the policy applies, resulting inbodily injury, property damage, personal injury, oradvertising injury.Clerical Error – A mistake made by ArbitrationForums’ staff or the arbitrator(s). Examples of AFstaff error include not providing proper notice offiling or not assigning a requested three-personpanel. Arbitrator errors include mathematical errors,switching the parties when recording the liabilitydecision, referencing the lack of or need forevidence that was, in fact, submitted, applying, onhis/her own, a state regulation or statute from a stateother than the loss state, or misapplying an AF Ruleor procedure.Collateral Estoppel – A bar by judgment thatprecludes the re-litigation of issues litigated by thesame parties on a different or the same cause ofaction.Commercial Property – (Property SubrogationArbitration) Coverage for businesses, institutions, 2019 Arb itration Foru ms, Inc.or organizations to protect their property and/orbusiness. Commercial Property coverage includes,but is not limited to, risks such as fire, burglary,theft, goods in transit covered by inland marineinsurance, floaters, or endorsements.Companion Claim – Any additional claim(s) by oragainst a participating party arising out of the sameaccident, occurrence, or event, which falls under thesame or another AF compulsory forum.Concurrent Coverage – (Special Arbitration) Twoor more policies of insurance and/or self-insuredsproviding coverage to the same party or parties orthe same risk or risks for the same accident,occurrence, or event. Concurrent coverage includesprimary/excess disputes.Construction Defect Claim – (Special Arbitration)Includes both indemnity and expense, paid orprospective. For completed (paid) constructivedefect claims, there is a combined award limit forindemnity and expense of 250,000 per respondingcompany’s insured per project. A prospectiveindemnity claim is not eligible for arbitrationwithout consent of all parties. For prospectiveexpense contribution issues, there is no monetarylimit.All claimants (unit-residences) of aconstruction project, regardless of the manner ornumber of underlying claims, suits or “companionclaims,” shall be considered as one claim forhearing and contribution limits.ConstructionDefect Dispute–(SpecialArbitration) A dispute among one or more casualtyinsurance companies or entities that are “selfinsured” for a construction defect claim involvingcompleted operations resulting in damages to realproperty for which one or more Insurers or SelfInsurers provided defense and/or indemnity for theconstruction defect claim and allege that one ormore other Insurers or Self-Insurers providedconcurrent coverage for the same constructiondefect claim.Reference Guide (Effective December 14, 2020)5
Counterclaim – A claim resulting from the sameaccident or loss filed by a responding companyagainst the original filing company in an arbitrationproceeding. (Not applicable in Special Arbitration)Deferment – A postponement of a hearing for aone-year period from the date of filing, or, for newAuto filings and TRS PIP and Medical Paymentsfilings from the deferment request date.Denial of Coverage – A company’s assertion that(a) there was no liability policy in effect at the timeof the accident, occurrence, or event, or (b) aliability policy was in effect at the time of theaccident, occurrence, or event, but such coveragehas been denied/disclaimed to the party seekingliability coverage for the claim in dispute. (Thisapplies only to a complete denial of coverage basedon the event in dispute. If the denial is based onwhat damages the policy covers, i.e., work product,the case will proceed to hearing to determine whatdamages, if any, are payable per the policy.)Evidence – All documentary or physical evidencesubmitted by a party. Parties are not permitted tosee an opponent’s evidence, except for evidencerelated to supplemental damages. Arbitrators areonly permitted to consider evidence properlysubmitted by the parties.Exclusion - A complete defense that does notaddress the allegations, but instead asserts that aparty or the filing is excluded from compulsoryarbitration.Extension – a postponement of the response duedate by the responding party to prepare and submitits response. Only one extension may be requestedby a responding party; a fee is incurred.Feature - A set of damages from a claim, i.e., adamaged/injured vehicle/person.Jurisdictional Error – Occurs when an arbitratorfailstoruleon anaffirmativedefense/exclusion, assertsanaffirmativedefense/exclusion not pled by a party, renders adecision on an issue not in dispute or over whicharbitrationlacksjurisdiction,or improperlydismisses a case for lack of jurisdiction wherejurisdiction exists. 2019 Arb itration Foru ms, Inc.Legal Fees – Attorney fees, court costs, and allother expenses directly related to the prosecution ordefense of a lawsuit.Non-insurer – A “non-insurer member” shall meana company that is neither a Trade Associationmember nor an insurer member and who has directfinancial interest in the claims being arbitrated.Personal Property – (Property SubrogationArbitration) Coverage to protect individuals fordamage to their property other than automobile.Personal Property coverage includes, but is notlimited to, homeowners insurance, tenant or rentersinsurance, watercraft or boat owners insurance andwatercraft endorsements, and personal inlandmarine coverage.Publication Date – The date AF posts a decisiononline and it is available to the parties.Recovery Rights – (PIP Arbitration) Legal capacityto regain a loss to another through subrogation,reparations, reimbursement, indemnity, or directaction.Res Judicata – A judgment, decree, award, or otherdetermination that is considered final and barsrelitigation of the same matter.Reschedule – An extension of the hearing dategranted by AF at the request of the party(ies), not toexceed 60 days.Revisit – An option that allows a recovering partyto address specific issues raised by an adverse partyregarding a jurisdictional exclusion, disputeddamages, a newly impleaded party, and policylimits.Self-insured – An entity that meets the legalrequirements of being self-insured; one thatassumes the risks directly for covering lossesinvolving its property or one whose deductible orretention is equal to or exceeds the amount of lossin dispute.Settlement – (Special Arbitration) The finaldisposition of a claim or suit wherein the claimantor plaintiff releases any and all causes of actionagainst all alleged responsible parties involved on subrogation cases do not require aReference Guide (Effective December 14, 2020)6
settlement and Uninsured Motorists’ settlements donot require a release of all parties.Written Consent – An agreement to bindingarbitration by the party(ies). May be in the form of a 2019 Arb itration Foru ms, Inc.letter, e-mail, etc. Answering a filing without anobjection to jurisdiction is considered impliedwritten consent.Reference Guide (Effective December 14, 2020)7
Chapter 3Article FirstCompulsory ProvisionsSignatory members must forego litigation andarbitrate claim disputes as specified by ArticleFirst of the respective Agreement. A signatorycompany accepts and binds itself to all of theForum’s Articles and Rules by signing it.With new signatory companies a popular questionis whether the accident date determines jurisdictionof Article First. The date of the loss is notcontrolling. What controls is the status of the claimon the signatory effective date. If it is a pendingclaim that meets the provisions of Article First, it issubject to compulsory arbitration, regardless of theaccident date. The key word is pending. Pending issynonymous from the viewpoint of arbitration withactive claims. Closed claims are excluded, as areclaims that have been abandoned prior to acompany's decision to participate in arbitration.Arbitration Forums specifies pending to avoid anoverzealous representative going back in his or hercompany's archives to resurrect cases long dormantor closed. The ease with which arbitration can beinitiated is not intended to be a vehicle for suchaction. Likewise, claims on which litigation hasbeen instituted and is actually pending when acompany becomes signatory are not consideredpending claims. Therefore, they are not subject tocompulsory arbitration.Another point to clarify is each Agreement isindependent and all members are not signatory toeach Agreement. Before you file arbitration, makesure the parties are signatory to the specificAgreement in which the dispute is to be filed(unless intercompany arbitration is statutorilymandated).Automobile ForumAn automobile property damage claim within theauthority of Article First includes all automobileproperty damage claims arising from the paymentof losses to an insured, or a self-insured loss, under 2019 Arb itration Foru ms, Inc.the first party automobile coverages. It includesclaims arising under collision, fire, theft, andcomprehensive coverages or self-insured losses of asimilar nature. A claim may include an itemized listof losses such as towing, storage, rentalreimbursement, and salvage expenses, providedthey were paid out of the insured’s policy orincurred by a self-insured pursuant to statute orjudicial decision. However, the disputed claimamount cannot include a company’s normaloperating expenses or an insured’s out-of-pocketexpenses. In addition, diminution in value claimsare only applicable to states where insurer memberspay such claims out of the insured’s policy or selfinsured members incur the damages and recovery ispermitted pursuant to statute or judicial decision.Another important point is that the member filedagainst (responder) is not limited to an automobileliability insurer. A responder may be a generalliability carrier, homeowner’s liability carrier, etc.Any member who may be liable for the Filer’sdamages may be named as a responder.Examples of disputes resolved in the Auto Forum: The driver of a vehicle traveling at anexcessive rate of speed collides with anothervehicle that changed lanes without signaling.Insurers cannot agree on the respectiveliability of the two drivers.The liability carrier for an at-fault driverdisputes the severity and extent of thedamages alleged by the collision carrier forthe negligent-free vehicle. While liability isconceded, the matter is submitted to theAuto Program for resolution of the damagesdispute.A vehicle is damaged because of amalfunction at a drive-thru car wash. Theinsurer of the vehicle seeks recovery fromthe general liability insurer of the car wash.Reference Guide (Effective December 14, 2020)8
A defective part causes a driver to losecontrol of a vehicle and overturn. AutoArbitration is filed against the automanufacturer and/or part manufacturer torecover the vehicle damages.An insurer pays a diminution in valuedamages out of the insured’s policy andseeks reimbur
2019 Arbitration Forums, Inc. Reference Guide (Effective December 14, 2020) 3 Chapter 1. Arbitration Forums, Inc.’s . Background . The Federal Arbitration Act of 1925 establishes the validity of agreements to arbitrate disputes arising out of maritime, interstate, or foreign commerce. This statute also allows parties to agree to arbitrate.
Law and Recent Developments in India International Commercial Arbitration Contents 1.INTRODUCTION 01 2. INDIAN ARBITRATION REGIME 03 I. History of Arbitration in India 03 II. Background to the Arbitration and Conciliation Act, 1996 03 III. Scheme of the Act 03 IV. Arbitration and Conciliation (Amendment) Act, 2015 04 V. Arbitration and .
2016 and shall apply to any International Commercial Arbitration, which is commenced on or after that date. The Indian Council of Arbitration recommends to all parties, desirous of making reference to arbitration by the Indian Council of Arbitration, the use of the following arbitration clause in writing in their contracts:
contract; Describe the meaning and enforcement of the term "arbitration agreement" under the Model Law. 1.1 Definition. Arbitration agreement, arbitration clause and submission agreement In general, the arbitration agreement provides the basis for arbitration. It is defined as an agreement to submit present or future disputes to arbitration.
arbitration by the courts in domestic disputes is not uncommon4. However, this feature attracts many parties to choose arbitration. Also, it is important to note that, once the arbitration is commenced, parties cannot quit from the proceedings. 2.1 The Development of Arbitration in the UAE
THE ICCA REPORTS NO. 9 2021 with the assistance of the Permanent Court of Arbitration Peace Palace, The Hague www.arbitration-icca.org INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATION REPORT OF THE ASIL-ICCA JOINT TASK FORCE ON ISSUE CONFLICTS IN INVESTOR-STATE ARBITRATION THE ICCA REPORTS NO. 3 17 March 2016 with the assistance of the
Guerrilla Tactics in International Arbitration Horvath and Wilske (eds) (2013) 91 Guide to ICSID Arbitration Reed, Paulsson and Blackaby (2010) 92 A Guide to the 2006 Amendments to the UNCITRAL Model Law on International Commercial Arbitration: Legislative History and Commentary Holtzmann, Neuhaus, Kristjansdottir, et al. (2015) 93
state law be resolved? Second, which court, federal or state, will have jurisdiction in an action or proceedings related to arbitration in New York? The purpose of this chapter is to provide answers to both of these questions. 2.1 Federal Law: At the federal level, arbitration in the U.S. is governed by the Federal Arbitration Act of 1925 (FAA).2
16.02.2018 Colin Harris, Sutherland Hussey Harris, Glasgow 23.02.2018 Shadi Rahbaran & Ursula Hürzeler, Rahbaran Hürzeler Architekten, Basel 02.03.2018 Carl Turner, Carl Turner Architects (cancelled for snow storm) 09.03.2018 Mary Duggan, Mary Duggan Architects, London 16.03.2018 Jaime Font, Mesura, Barcelona
