Rules & Clauses including Fast Track

 

The ARIAS Arbitration Rules were first published in 1994 and are being regularly used by the London Insurance Market in arbitrations. The Rules are regularly updated when required.

The Rules are designed to be the preferred procedural rules for arbitrations of insurance and reinsurance disputes not just in England but wherever the seat of arbitration may be. In our view, adherence by arbitrators to recognised sound rules greatly enhances the safety of arbitration awards and minimises the danger of awards being appealed.

In 1992, ARIAS (UK) first produced a recommended arbitration clause and this was approved by Lloyd’s, LIRMA (now the International Underwriting Association of London) and the British Insurance Brokers Association. Since then updated versions, have been published. The Clause and the Rules are appropriate for use in any jurisdiction worldwide.

In response to a need raised by the insurance and reinsurance industry for arbitral disputes to be resolved more quickly and at lower cost, after much consultation with the industry, on 3rd October 2013 ARIAS (UK) issued new ARIAS Fast Track Arbitration Rules (known as “AFTAR” for short) (and in 2025 a Combined AFTAR and standard Arbitration clause). AFTAR are available for parties to adopt to ensure a speedy and cost effective determination of disputed issues. The key points within the AFTAR Rules are:

• The reference will be to a sole arbitrator to be appointed by ARIAS (UK) in default of agreement
• The issue will proceed on documents alone unless the arbitrator considers that a limited oral hearing is required
• Directions will be given at a preliminary meeting to be held within 7 days of the arbitrator being appointed
• The directions will, unless the arbitrator considers this is not possible, ensure that the arbitration is concluded within 4 months of the appointment of the arbitrator
• The recoverable costs will be at the discretion of the arbitrator and will be strictly controlled and limited.

As a result of developments in English case law and the rules of other Arbitration Institutions, in 2025, ARIAS UK also produced a form of Arbitrator Questionnaire.

The ARIAS Arbitration Rules, sample clauses and Arbitrator Questionnaire can be viewed and downloaded using the links below.

AFTAR Frequently Asked Questions are also available.