Frequently Asked Questions

No, even though UNUM provides a list of arbitrators to help parties on their way, parties who prefer to appoint their own arbitrator are free to do so. As long as the arbitrator of choice is able to act independently and impartially.

Mediation is a dynamic, structured, interactive process where a neutral third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. The mediator does not render a decision. It is up to the parties to achieve an agreement.

Arbitration is a form of extrajudicial dispute resolution that parties can use to achieve speedy and high-quality results in settling disputes. Arbitrators render their formal decision. This arbitral award is enforceable in more than 150 jurisdictions under the New York Convention (1958), which includes countries that are not a party to bilateral judicial enforcement treaties.

Mediation and arbitration might be considered complementary procedures. If parties cannot obtain an agreement on settlement of their dispute by mediation, they can proceed to arbitration. Arbitration proceedings will result in an arbitral award, which is legally binding.

Unless the parties agree otherwise, an arbitral award may not be appealed. This is laid down in the Rules. It is therefore up to the parties to make arrangements in this regard prior to commencement of the proceedings, if they wish to deviate from the rule that no appeal is possible.

Certainly, for example BIMCO and ICMA refer to it.

There is no difference between both procedures. The only difference is the way of communicating between the parties and arbitrators involved, and the way documents are exchanged: through an online secure environment. Only the parties and arbitrators involved in specific arbitration proceedings can access this environment with their passwords. All documents are managed digitally, which saves copying costs and postage. According to the applicable arbitration rules all cases are dealt with as E-arbitration.

Certainly. There is a clear advantage with international arbitrations, as time differences don’t count, while all parties involved can access the available documents at the same time. According to the applicable arbitration rules all cases are dealt with as E-arbitration.

Arbitrators and parties will receive their personal login details when proceedings will be commenced and a file in the secure digital environment will be opened.

Certainly. Unum has chosen a very secure Secure Sockets Layer (SSL) environment. Only  parties involved can access the documents for which they have access codes. Non-authorised  persons do not have access.

E-mediation refers to the digital file for each mediation case, which is available for parties and the mediator. The mediation agreement as well as the final settlement agreement and all relevant documents will be made availabe in the digital file. It is an effective way to support the mediation process.

Yes. UNUM is the new name of the same entity. Mediation is added to the ADR options that are provided. TAMARA was established in 1988 and will be continued as from 2018 flying the flag of UNUM.

No, arbitration (and also mediation) rules that are applicable at the start of proceedings will remain applicable until these proceedings will have been finalized.

Did you not find the answer to your question or is your question not listed, please feel free to contact:

Niels van der Noll, secretary of the board of UNUM: