National Insurance Academy, Pune|General Management Programmes
P868 | Programme on Arbitration for Industry Stakeholders (Non-Life)
Academic Year 2026-2027
Duration
3Days
Scheduled Dates
16 Aug 2026 - 18 Aug 2026
11 Jan 2027 - 13 Jan 2027
Background
In the insurance industry, disputes over policy interpretations, liability, and quantum of claims are frequent. Traditional court litigation is often plagued by delays, high costs, and public exposure, and corporate customers with high value policies display an increasing inclination towards resolving their disputes via Arbitration that has emerged as the preferred Alternative Dispute Resolution (ADR) mechanism. As insurance contracts increasingly include mandatory arbitration clauses, there is a critical need for managers in a variety of roles to understand the procedural nuances and strategic management of these cases.
Learning Objectives
Identify the legal framework governing insurance arbitration.
Draft robust arbitration clauses that minimize future jurisdictional hurdles.
Manage the end-to-end arbitration process, from appointing an arbitrator to enforcing the award.
Evaluate the cost-benefit ratio of settling versus proceeding to a final hearing.
Apply negotiation strategies to resolve disputes before they escalate.
Key Contents
Foundations and Legal Framework
The Insurance Context: Why arbitration? (Confidentiality, Expertise, Neutrality).
The Arbitration Agreement: Drafting "bulletproof" clauses in policy documents.
Regulatory Landscape: Interaction between insurance laws and the Arbitration & Conciliation Act.
Types of Arbitrations: Ad-hoc vs. Institutional; Domestic vs. International (Reinsurance, settling agents, service agents).
Med – Arb. clause
Procedural Management & Evidence
Commencement: Notices, appointment of arbitrators, and challenging appointments.
The Pleadings Phase: Drafting Statement of Claims and Defense for insurance disputes.
Interim Reliefs: Seeking urgent orders to protect assets or maintain status quo.
Documentary Evidence: Managing surveyor/investigation reports and expert witness testimonies.
The Award, Costs, and Strategy
The Hearing: Effective presentation and cross-examination of technical experts.
The Arbitral Award: Analyzing the finality, grounds for setting aside, and enforcement.
Cost Management: Controlling legal fees and costs.
Simulation/Mock Session: A hands-on exercise involving a complex commercial fire or liability claim.
Who Should Attend
This program is tailored for mid-to-senior level professionals, including:
Claims Managers and Underwriters of HO/RO level
In-house Legal Counsel/legal officers of insurance and reinsurance firms.
Insurance Brokers handling large corporate accounts.
