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3.1 DISPUTE RESOLUTION METHODS AND TECHNIQUES FOR THE (RE)INSURANCE MARKET
A course describing and explaining the three most common methods of handling and resolving disputes within the reinsurance market: litigation through the courts, arbitration, and "alternative dispute resolution" especially mediation. It will provide a description of the procedures involved in each, and of the legal rules and approaches governing them. It will examine the merits and disadvantages of each method and the types of dispute for which each might be most suitable.
· Dealing with disputes - the options (settlement, negotiation, litigation, arbitration, ADR)
· UK court structure and systems. Court etiquette.
· Different approaches for claims in tort and in contract.
· Civil Procedure Rules. Case management. Role of parties, lawyers, witnesses, experts.
· Use of expert evidence. Rules governing expert evidence.
· Legal approach to interpreting reinsurance wordings; some landmark judgments.
· Arbitration - essential characteristics.
· The UK Arbitration Act 1996, essential provisions and typical procedures.
· International arbitrations - UNCITRAL Model Act and Rules. Arbitration in Bermuda and in the USA. "Equitable" awards and decisions.
· International enforcement of arbitration awards; the New York Convention.
· Reinsurance arbitration - typical clauses; ARIAS(UK) recommended clauses and rules.
· Different types of ADR.
· Comparison between expert determination and arbitration.
· Mediation - what it is and how it works; facilitative and evaluative approaches.
· Adaptation of mediation to reinsurance disputes.
· The three main methods compared: advantages and disadvantages. Costs considerations.
On completion of the course delegates will understand the workings of the UK Commercial Courts and the Civil Procedure Rules; UK and international arbitration and mediation and other ADR methods insofar as they are useful in reinsurance disputes. They will be equipped to assess the options discussed or recommended by their legal advisers in the event of a dispute and have an appreciation of what to expect if they are involved in any of them.
The course will be appropriate for those involved in a reinsured's or reinsurer's dispute handling - in particular claims managers and directors, and in-house counsel, as well as for those responsible for understanding and determining the organisation's strategic approach to dispute handling and containment, including underwriters, wordings draftsmen and senior management seeking an overview of the subject.
An interactive presentation including lecture, interactive discussion and case studies.