Composition of the Working Group

Chairman: Mr. Romain Dupeyré Attorney at Law, admitted to the Paris and New York Bars Bouckaert Ormen Passemard Sportes (BOPS) Law Firm 

    romain.dupeyre@bopslaw.com

Members:

  • Mr. Jean Bigot, professor emeritus at Paris I Panthéon-Sorbonne University, honorary director of the Paris Insurance Institute, member of the National Insurance Council, president of the French section of the International Association of Insurance Law (AIDA), co-scientific director of the Annotated Insurance Code (published by Argus), and editor-in-chief of the Revue générale du droit des assurances (RGDA)
  • Laurence Mitrovic, General Counsel and Member of the Executive Committee, Aviva France
  • Mr. Christophe Pardessus, General Counsel, Member of the Executive Committee at Marsh France, Chair of the Legal and Tax Committee of the Chamber of Insurance Brokers (CSCA), and co-author of the book *L’intermédiation en assurance*, published by l’Argus
  • Ms. P. Isac, General Counsel, Munich Re France; Chair of the Legal Committee of the Association of Reinsurance Professionals in France (APREF)
  • Mr. Alain Curtet, General Counsel, MMA/COVEA
  • Mr. Gilbert Canameras, Chief Risk Officer at ERAMET and President of the Association for Corporate Risk Management and Insurance (AMRAE) (to be represented by Mr. Gérard Lancner, Director of Risk Management at Yves Rocher, in the event of his absence)

Organization of Thematic Working Sessions

        1. Preliminary Meeting
a. Background, Overview
b. Dispute Profiles
i. Insurance Coverage
ii. Co-insurance
iii. Reinsurance
iv. Intra-industry cooperation (delegation agreements between insurers and brokers, etc.)
c. Organization of the work
2. The dispute resolution clause
a. Analysis of Selected Clauses
b. Simple clause / complex clause (mediation and arbitration)
c. Amicable settlement
d. Arbitration and expert opinion
e. Seat
f. Invited parties
3. Mediation
a. The Rise of Mediation
b. Types of Mediation (Institutional, Ad Hoc)
c. Selection of the Mediator
d. Best Practices
e. Guests
4. Ad Hoc and Institutional Arbitration
a. Advantages and Disadvantages of Each System (Composition of the Arbitral Tribunal, Challenge, Payment of Arbitrators)
b. The Important Role of Ad Hoc Arbitration in Insurance and Reinsurance
c. Guests (Representatives of Major Arbitration Institutions, CEFAREA, ICC, LCIA, AFA)
5. The Arbitral Tribunal
a. Parity, survival of the umpire
b. Use of professionals from the insurance and reinsurance sectors
c. Guests (foreign practitioners)
6. The Arbitration Process
a. Multiparty arbitration
b. Case management
c. Evidence in arbitration (oral and written evidence)
d. Conduct of the proceedings (timeline, exchange of briefs)
e. Third Parties and Arbitration
f. Guests (commercial arbitration experts with experience in insurance arbitration)
7. The Arbitral Award
a. Content, Form, and Merits
b. Drafting and Rationale
c. Dissenting Opinion
d. Signing and Notification
e. Guests (arbitrators)
8. Summary Meeting
9. Discussion of the Summary Report
10. Plenary Session

    Minutes of the meeting on November 28, 2011
Minutes of the meeting on January 16, 2012
Minutes of the meeting on July 2, 2012