Ralph Morley
Ralph has a broad practice across all areas of commercial law, including insurance and reinsurance, international arbitration, Admiralty and shipping, commercial disputes and professional negligence. In the insurance sector, Ralph has developed particular experience in property damage (including marine and non-marine risks) and business interruption policies, Bermuda Form mass tort liability insurance and political risk, acting for both policyholders and insurers. Ralph is ranked by the legal directories in insurance, commercial dispute resolution, shipping and professional negligence.
Practice Areas
Panel
- Contributing Author
Qualified Year
- 2016
Membership
- Attorney General's 'C' Panel of Junior Counsel to the Crown
- Panel Member, Advocate
- Member, Young International Arbitration Group
- Member, Admiralty Bar Group
- Member, Combar
Education
- 2014-15: Graduate Diploma in Law at City University, London (Distinction)
- 2011-2014: BA in Classics, Trinity College, Cambridge (double First)
- 2015-16: Bar Professional Training Course at City University, London (Outstanding, ranked sixth out
11 Contributions by Ralph Morley
PRACTICE NOTES
Arbitral awards under ARIAS (UK) Rules 2014: requirements, governing law, monetary/declaratory relief, partial awards, interest, costs, arbitrators’ fees adjudication, corrections/additional awards and appeals
This Practice Note outlines how a dispute progresses under the third edition of the ARIAS (UK) Rules, adopted in 2014 (the ARIAS Rules). For an introduction to ARIAS, see Practice Note: Arbitration under the ARIAS (UK) Rules 2014.
Formal requirements
Under ARIAS Rule 17, an award must:
be set out in writing (ARIAS, rule 17.2)
be in the primary language of the arbitration (ARIAS, rule 17.2)
state the seat of the arbitration (ARIAS, rule 17.2)
state the date of the award (ARIAS, rule 17.2)
give reasons (unless the parties agree otherwise, or the tribunal issues a consent award at the parties’ request) (ARIAS, rule 17.10)
be signed by the sole arbitrator, the umpire, or two of the three arbitrators, as appropriate (ARIAS, rule 17.3)
The ARIAS Rules do not prescribe a time frame for when the award must be published...
Arbitration
PRACTICE NOTES
Arbitration in Insurance and Reinsurance: Agreements to Arbitrate, Clause Incorporation and Scope, Ad Hoc and Institutional Options, and Bermuda Form Arbitrations
Arbitrations arising from insurance and reinsurance disagreements reflect many of the characteristics found in other commercial arbitration. This Practice Note outlines both ad hoc and institutional procedures for arbitrations within the insurance sphere. It further addresses Bermuda Form proceedings that can flow from ‘Bermuda Form’ policies, a distinct class of excess liability insurance. References to ‘insurance’ in this Practice Note are to ‘insurance and reinsurance’ unless stated otherwise.
The Practice Note covers:
Agreements to arbitrate in the insurance context, institutional and ad hoc arbitration
Bermuda Form arbitrations
Agreements to arbitrate, institutional and ad hoc arbitration
Agreements to arbitrate
For arbitration to be used as a route to resolve a dispute, the parties to the insurance contract must either have agreed to refer the dispute or difference that has arisen to arbitration, or must agree, after the dispute has arisen, to arbitrate. It is necessary to establish that a valid agreement to arbitrate exists and that the dispute in question sits within its scope. Sometimes, parties may contest whether an agreement to arbitrate has been incorporated into the policy; such disputes commonly occur in the insurance context...
Arbitration
PRACTICE NOTES
ARIAS (UK) Fast Track Arbitration Rules 2013 (AFTAR) for insurance and reinsurance, including sole arbitrator, documents-only procedure, timetable, jurisdiction, awards and costs
This Practice Note provides an overview of the Fast Track Rules of the AIDA Reinsurance and Insurance and Arbitration Society of the UK, or the ARIAS Fast Track Rules (AFTAR Rules), in force from 3 October 2013, which regulate insurance and reinsurance arbitration proceedings. For a general introduction to ARIAS, see Practice Note: Arbitration under the ARIAS (UK) Rules 2014. AFTAR was devised to address concerns within the insurance and reinsurance markets that conventional arbitration, even under the ARIAS Rules, was slow and not cost-effective owing to reliance on a three-person panel. AFTAR comprises both rules and explanatory notes. Where any explanatory note conflicts with the rules, the rules prevail.
Key differences from the ARIAS Rules
AFTAR broadly mirrors the framework of the ARIAS Rules, and many elements are materially the same: the procedures for commencing an arbitration and serving notice, the arbitrator’s jurisdiction, the structure of the award, liability for fees and expenses, and provisions on costs follow the same basic approach in broad terms...
Arbitration
PRACTICE NOTES
ARIAS (UK) Rules 2014: General procedure, case management, tribunal jurisdiction and powers, confidentiality, evidence, disclosure, hearings, interim measures and consolidation
Practice Note
This Practice Note outlines how disputes progress under the 3rd edition of the AIDA Reinsurance and Insurance and Arbitration Society (ARIAS) (UK) Rules (the ARIAS Rules), adopted in 2014. For a primer on ARIAS, see Practice Note: ARIAS (UK) Rules and Procedure. Unlike many other arbitral rule sets, there is no fixed procedural roadmap taking an ARIAS arbitration through to a hearing. Instead, the focus is on the parties agreeing their own procedure and timetable (ARIAS, rule 10.1 and Note to Rule 10) so that the dispute is resolved proportionately. Even where consensus is reached, the tribunal may displace any arrangement it believes would not allow the dispute to be determined in a proportionate way, without needless delay or cost (ARIAS, rule 10.1). In practice, an arbitral tribunal will generally attach significant weight to solutions the parties have themselves settled upon for any aspect of the claim’s progression, reflecting the contractual and consensual underpinnings of arbitration. Accordingly, while party agreement is encouraged, the tribunal treats proportionate resolution without undue delay or expense as its primary concern...
Arbitration
PRACTICE NOTES
ARIAS (UK) Rules 2014: Notices of Arbitration, Commencement and Service, Time Periods, Responses and Arbitrator Appointments
This Practice Note outlines the steps for commencing an arbitration and replying to a notice of arbitration in line with the third edition of the ARIAS (UK) Rules, adopted in 2014 (the ARIAS Rules). Those Rules govern any ARIAS reference begun on or after 1 January 2014. ARIAS arbitrations started before 1 January 2014 are subject to the ARIAS Rules 1997 (click here for the second edition). For an introduction to ARIAS, see Practice Note: Arbitration under the ARIAS (UK) Rules 2014. For guidance on agreeing to adopt the ARIAS Rules for resolving disputes, see Practice Note: ARIAS (2014)—general procedure.
Starting an arbitration Notice of Arbitration
The party initiating the arbitration (the claimant) does this by serving the intended respondent with a written notice of arbitration (ARIAS, rule 4.1)...
Arbitration
PRACTICE NOTES
ARIAS (UK) Rules 2014: tribunal composition and appointments, umpire role, declarations of interest and objections (s24 AA 1996), and fees and deposits (default English seat)
This Practice Note outlines the process for appointing arbitrators under the 3rd edition of the ARIAS (UK) Rules, adopted in 2014 (the ARIAS Rules). For an overview of ARIAS, see Practice Note: Arbitration under the ARIAS (UK) Rules 2014...
Requirements under ARIAS Rules
In an ARIAS arbitration, the parties may decide how many arbitrators will sit on the tribunal and what qualifications they must possess (ARIAS, rule 6.1). If, in whole or in part, the parties fail to agree on the tribunal’s composition, the default provisions in the ARIAS Rules apply, which in their basic structure mirror the appointment process in the ARIAS arbitration clause. The rules provide that, unless the parties agree otherwise:
the tribunal will comprise three arbitrators...
Arbitration
PRACTICE NOTES
Insurance and Reinsurance Arbitration in England and Wales: Procedure, Appointments and Bias, Disclosure, Consolidation, Confidentiality, Evidence, Subrogation, Appeals and Tactics
Arbitrations stemming from insurance and reinsurance disputes resemble other commercial arbitrations broadly in many material respects, yet they also carry particular characteristics. This Practice Note outlines those distinguishing aspects and offers direction on arbitral procedure and tactics and strategy within an insurance and reinsurance setting. For details on the varieties of insurance arbitration, including ad hoc arbitration, institutional arbitration and Bermuda Form arbitrations, see: Understanding institutional and ad hoc arbitration—overview and Practice Note: Insurance and reinsurance arbitration—an introduction.
Distinctive features of insurance arbitrations
Common distinguishing features of insurance arbitration, explored in greater depth below, include:
multiple arbitrations on similar facts, which can raise issues concerning, for example:
appointment of arbitrators
consolidation of proceedings
disclosure of information obtained in one set of proceedings in another
a potential imbalance of information relating to the facts of the underlying dispute between the insured and the insurer
Frequently, the insured is better positioned to know the circumstances of a loss and holds more of the pertinent documents than the insurer. That is not invariably the position, however, particularly where insurers have engaged surveyors and loss adjustors to investigate a large loss (or a loss that impacts multiple insureds), as...
Arbitration
PRACTICE NOTES
Insurance and reinsurance arbitration under the ARIAS (UK) Rules 2014: features, incorporation (pre and post-dispute), appointments, seat and governing law, with AFTAR overview
This Practice Note outlines guidance on the third edition of the ARIAS (UK) Rules, brought into effect in 2014 (the ARIAS Rules). For direction on using the ARIAS Fast Track Arbitration Rules, refer to Practice Note: ARIAS Fast Track Rules (AFTAR) 2013.
What is ARIAS?
The AIDA Reinsurance and Insurance Arbitration Society of the UK (ARIAS (UK)) was founded in 1991 as a Centrally Affiliated Chapter of AIDA—the Association Internationale de Droit des Assurances—an international body committed to advancing the study and understanding of insurance law (click here for the ARIAS (UK) website). ARIAS emerged amid a rise in insurance and reinsurance disputes to champion methods of settling such disagreements that matched market expectations, chiefly via arbitration.
Services
ARIAS is not an institution. Unlike arbitral bodies such as the LCIA, it has no secretariat, and its involvement in arbitrations under its rules is confined to appointing arbitrators and fee adjudicators. As the framework is ad hoc, conduct of proceedings under its rules rests entirely with the parties and the arbitrators...
Arbitration
PRACTICE NOTES
Liability insurance: cover triggers, scope and exclusions, legal liability and reasonable settlements, joint/composite insureds, TP(RAI)A 2010
This Practice Note sets out the defining features of liability insurance and the range of liability insurance types available. It further reviews the breadth of cover provided by liability policies and offers guidance on determining liabilities and assessing the reasonableness of loss settlements, alongside notes on recurring issues in liability insurance, such as joint and composite insurance and how the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) applies...
The related documents pod on the right supplies links to more detailed guidance on particular aspects of liability insurance, including the notification of claims and circumstances, the defence of claims, and resources addressing specific forms of liability insurance...
What is liability insurance?
Liability insurance is a class of cover that protects the insured against the risk of becoming liable to a third party. In the same way as property insurance, it safeguards the insured against loss...
Insurance & Reinsurance
PRACTICE NOTES
Liability insurance: notification of claims and circumstances, conditions precedent, timing and method, and late notice; third-party rights; insurers' control of defence, settlement and costs; insureds' duties to mitigate
Notification provisions in liability insurance policies
This Practice Note offers direction on notification clauses in liability insurance. It outlines the function of these provisions and explains how to notify claims or relevant circumstances to insurers—covering what should be reported and when. It also discusses the possible outcomes where notification obligations are not properly observed. In addition, it addresses the respective rights and duties of insurers and insureds in relation to the insured’s duty to mitigate its losses and the defence and settlement of claims. For information about liability insurance generally, see Practice Note: Liability insurance. The related documents pod on the right contains links to further guidance on liability insurance and to guidance on its specific forms.
Liability policies almost always contain a term (frequently a condition precedent) requiring the insured to notify the insurer within a specified period of any claims brought against them. Moreover, policies written on a claims-made basis almost all require the insured to inform the insurer of any events, accidents, facts, or circumstances that may give rise to a future claim...
Insurance & Reinsurance
PRACTICE NOTES
Notifying Claims and Circumstances under Claims-made Liability Insurance: Identification, Knowledge, Timing, Policy Requirements, Notification Scope and Renewal Implications
This Practice Note offers hands-on guidance on reporting claims or potential matters under liability policies, including professional indemnity cover. For more on liability cover, refer to the Practice Notes: Liability insurance—essentials and Liability insurance—notification of claims and circumstances and defence of claims.
Review your policy
Most liability policies are written on a ‘claims made’ basis, obliging the policyholder to notify claims or circumstances (as distinct from loss or damage to insured property). Your first task is to examine the policy wording to determine precisely what must be notified and the timing requirements.
If more than one policy might respond, evaluate each and check for any other insurance provisions (see Practice Note: Double insurance and contribution).
Gather all relevant documents, including the complete wording together with schedules and endorsements. Where only a summary was supplied at placement—as is common—you may need to source the full wording from the broker or insurer. Wordings can also be downloaded from the broker’s or insurer’s website; in every case, verify you have the right form by checking its reference and version/date...
Insurance & Reinsurance
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