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Schemes

The CIArb Irish Branch is involved in three major schemes which has proved very successful in their operation.

  1. SIMI
  2. Travel Scheme
  3. NRA / IFA

1.  What is the SIMI Scheme?
This is an agreement between the Society of the Irish Motor Industry (SIMI) and the Chartered Institute of Arbitrators Irish Branch to include a Dispute Clause within the terms and conditions of agreement that authorises the Chairman at the time being of the CIArb Irish Branch to Appoint an Arbitrator when a dispute arises that cannot be settled between parties to the initial contract.

How does the SIMI Scheme work?
The claimant (or his/her representative) requests the appointment of an Arbitrator to the dispute matter.   This application will include a brief description of the dispute, a copy of the original contract, an  administration fee, and any other documents that are relevant to the dispute matter.  The Institute writes to the Respondent and requests the payment of the capped Arbitrator's fee in the sum of €1,300 plus VAT.  On receipt of this payment the Chairman proceeds to appoint an Arbitrator to the matter who will contact the parties directly. 
Rules and Guidelines

2.  What is the Travel Scheme?
This  is an agreement between some Tour Operators and the Chartered Institute of Arbitrators Irish Branch to include a  Dispute Clause within the terms and conditions of agreement that  authorises the Chairman at the time being of the CIArb Irish Branch to  Appoint an Arbitrator when a dispute arises that cannot be settled  between parties to the initial contract.

How does  the Travel Scheme work?
The claimant (or his/her representative)  requests the appointment of an Arbitrator to the dispute matter.   This  application will include a brief description of the dispute, a copy of  the original contract, an administration fee, and any other documents  that are relevant to the dispute matter.  The Institute writes to the  Tour Operator and requests the payment of the Arbitrator's fee in  the sum of €800 plus VAT in the case of claims up to €20,000; this fee is €1,000 if the claim is for personal induries in excess of €20,000.  On receipt of this payment the Chairman  proceeds to appoint an Arbitrator to the matter who will contact the  parties directly.
Rules and Guidelines

3.  What is the NRA/IFA Scheme?
This is an agreeed procedure for Assessment for Compensation pursuant to agreement between the Department of Transport,  the National  Roads Authority and the Irish Farmers Association.

How does the NRA/IFA Scheme work?

  1. The Landowner/Local Authority writes to the Chartered Institute of Arbitrators (Irish Branch) for a Request for Assessment Form to commence the proceedings.
  2. The Hon. Secretary of the Branch writes to the Landowner/Local Authority enclosing:- i) Letter to Applicant (Doc. 2);  ii) Explanatory Memorandum (this document);  iii) Request for Assessment Form (Doc. 3).
  3. The Landowner/Local Authority lodges Request for Assessment with the Hon. Secretary.
  4. The Hon. Secretary, upon receipt of the Request for Assessment, furnishes a copy of the Request for Assessment by registered post to the Landowner/Local Authority, together with Letter to Respondent (Doc. 4), the Reply Form (Doc. 5) and Explanatory Memorandum.
  5. The Landowner/Local Authority forwards its completed Reply Form (Doc 5) to the Hon. Secretary.
  6. The Chairman of the Branch writes to both parties (Doc. 6) indicating the name of his/her nominee Assessor and includes his/her Curriculum Vitae (note the Chairman will have already obtained confirmation from the proposed nominee of his/her independence and confirmation of his/her willingness and availability to act).
  7. The Assessor will write to the parties in accordance with (Doc. 9).
  8. Each party will submit, in accordance with the Assessor’s directions, copies of the Reports, intended to be relied upon, to the Hon. Secretary of the Branch who will, upon receipt of both parties’ Reports, forward same simultaneously to the Assessor who will proceed to arrange the hearing.
  9. Following a hearing the Assessor will issue an Assessment. (Doc. 11).
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