Functional and Structural Diagnosis

1. Functional and Structural Diagnosis of the National Sections of AIDA Definite Report

2. INTRODUCTION 1. One of the first things that must be taken into account is that there has been a translation of most of the answers, and therefore an effort of clarification. 2. 32 National Sections (around 60% of AIDA’s chapters, registered as such in the website) gave response to the questionnaire. 3. We did not receive response from representative countries of AIDA, such as Switzerland and the United States (The above, notwithstanding that considering the amount of Sections that are active in the present, the percentage of countries that answered is high). 4. Even though there we iterated with insistence, no new National Sections answered the questionnaires after the preliminary report given in during the Congress that took place in Mexico.

3. MAIN ISSUES ASKED I. General Information II. Structure and organization III. Technological Support IV. Affiliates V. Activities and Institutional and Academical Programmes VI. Strengths and Weakness VII. Suggestions and recommendations

4. 1. Argentina 2. Australia 3. Belgium 4. Brazil 5. Chile 6. Colombia 7. Denmark 8. Ecuador 9. Finland 10. France 11. Germany 12. Greece 13. Hungary 14. Indonesia 15. Israel 16. Italy 17. Japan 18. Luxembourg 19. Mexico 20. New Zealand 21. Paraguay 22. Portugal 23. Russia 24. Serbia and Montenegro 25. Singapour 26.Slovakia 27. Slovenia 28. Spain 29. South Africa 30. United Kingdom 31. Uruguay 32. Venezuela We recieved answers from the following National Sections:

5. I. GENERAL INFORMATION 1. All the countries that gave a response to the questionnaire have a National Section created accordingly to the laws of each country, with the exception of Japan, Luxembourg and Paraguay. It is important to emphasize that the German Section is a committee of the Scientific German Association of Insurance, and that the Hungarian Section is a division of the Hungarian Association of Lawyers.

6. I. GENERAL INFORMATION Most of the Sections have approved their statutes, some of which have been reformed. Nevertheless, Japan, Germany, Luxembourg and New Zealand have not approved their statutes, and Ecuador is in the process of approval by their National Government. On the other hand, the Hungarian Section, as it is part of a lawyer’s association, has been incorporated to the statutes of that association.

7. GENERAL INFORMATION UPDATING OF THE ADDRESSES 3. The Sections updated their postal and electronic addresses as well as their President’s. OTHER ASSOCIATIONS 4. In general, the National Section of AIDA is the only Association of specialist lawyers in the area of insurance of each country (almost 75% of the answers). Yet, in Belgium, Brazil, France, Germany, New Zealand, Serbia and Montenegro, Spain and the United Kingdom, there are other associations that are also dedicated to the study of insurance law and in Denmark it looks like a new association is about to be created.

8. II. STRUCTURE AND ORGANISATION ORGANS 1. In general terms, the National Sections have a general assembly, a board of directors, president, in some cases co- presidents, vice-president, secretary, treasurer, committees and accountants. NAMES OF THE MEMBERS AND MEETINGS 2. The majority of the Sections updated the names of the members of their organs of direction. The meetings occur in periods that vary between 15 days and once a year, being the most usual a monthly meeting.

9. II. STRUCTURE AND ORGANISATION STATUTORY PERIOD 3. The statutory period of the organs of direction fluctuates from 1 to 5 years. In general, reelection is possible, but in countries such as Australia, Japan and Mexico it is not. Reelection has not occurred on the United Kingdom. In Singapore the organs can only work for two periods, in Colombia for a maximum of three periods.

10. II. STRUCTURE AND ORGANISATION CHAPTERS 4. The tendency is the inexistence of chapters, or local or sectional institutes. However, Argentina, Australia, Colombia, Italy, Japan, Mexico, Russia and Spain have them. In Chile, the Valparaiso chapter is being created. HEADQUARTERS 5. Only Japan and Brazil have their own headquarters. SEAIDA in Spain develops its activity in a 200 square meter area, which is rented. Most of the members of the Sections meet in rooms that belong to other entities, generally academic centers

11. II. STRUCTURE AND ORGANISATION ADEQUATE STRUCTURE 6. Most of the Sections consider that their actual structure is adequate, with the following three exceptions: Brazil, which comments that they would like to expand; Luxembourg which indicates that their structure is not adequate because of the scarce resources and Paraguay.

12. III. TECHNOLOGICAL AND BIBLIOGRAPHICAL SUPPORT 1. 50% of the Sections that responded the questionnaire have a website. Some of the Sections that do not have one, such as Denmark, Finland, France, Hungary, Slovenia, Serbia and Montenegro, are in the process of creating it.

13. III. TECHNOLOGICAL AND BIBLIOGRAPHICAL SUPPORT 2. The Sections that do not have a website, are either in the process of creating one or with difficulties to create it because of the lack of resources (because they are made of small groups of persons, without employees, as they are based on the voluntary work of their members). LIBRARY 3. Seven of the 32 Sections have their library, some of them very organized and complete, like those of Spain and Colombia, others small, like the Argentinean, Australian, Chilean, Indonesian; The library of Venezuela is shared with the Universitary Insurance Institute. TECHNOLOGICAL PLATFORM 4. Only Australia, Colombia and Spain have a technological platform and a specialized system for the library.

14. IV. AFFILIATES PERSONS AND ASSOCIATIONS 1. It is important to point out that the National Sections with more members are Australia (1500) and Japan, followed by Italy and the United Kingdom with 500 members, Colombia with 400, Denmark with 350 and Spain with 306. 50% of the Sections have persons and associations, and the other percentage only has persons as members. The number of members varies from 5 and on (Paraguay being the Section with 5 members).

15. IV. AFFILIATES INTEREST ON INCREASING THE NUMBER OF AFFILIATES 2. Around 60% of the countries would like to increase the number of members that belong to their Section, and 9 of them are satisfied with their actual condition. Indonesia, in particular, comments that its problem is not the number of members, but that those members do not participate much. MEMBER INCREASING POLITICS 3. Around 50% of the countries develop programs to increase the number of affiliates. The minority has determined strategically a plan, and most of the Sections with academic events. It is worth to highlight that the British Section has a Sub- Committee that is exclusively in charge of the topics of membership and recruitment. FEE 4. Most of the Sections indicate that they charge an annual fee, which is different for persons or associations (in the cases where the Section admits both kinds of members). The fee goes from 5 dollars –Indonesia- on. The average is close to 45 dollars. In six (6) countries there is no fee (Slovakia, Hungary, Luxembourg and Paraguay; in Singapore, the fee was suppressed on 2002, in South Africa the fee is only obtained when there are academic events). In Germany, the Section does not ask for a membership fee, but the Association of which the Section is part, does have a membership fee.

16. IV. AFFILIATES 5. In 15 countries the number of affiliates has been stable during the last five years, in five of them it has diminished and in 5 it has increased. The rest of the countries did not answer. REQUIREMENTS TO BECOME MEMBER 6. Interest on the study of insurance and reinsurance law. - Lawyer degree - Recommendation from y a member - Minimum of experience on the insurance sector

17. IV. AFFILIATES 7. The majorityof the Sections has an updated list of members, except six (6) countries: South Africa (Section that promised to elaborate it), Hungary, Slovenia, Serbia and Montenegro (countries that are making their list), Germany and Portugal. In five (5) countries, they mention that the names can only be revealed to the Presidency of AIDA if there is previous consent from the members (France, Paraguay, Spain. In Finland and the United Kingdom, the list is not public).

18. V. ACTIVITIES AND INSTITUTIONAL AND ACADEMICAL PROGRAMMES 1. In general, one important academic activity takes place in each Section, at least once a year. Events such as congresses, colloquiums, conferences, symposiums, seminars, studies of legislative reforms, jurisprudence and doctrine, are the most common academic activities. The Spanish Section develops important formative activities and Denmark organizes a cooperation colloquium every two years with the Sections of Finland, Iceland, Norway and Sweden. 2. Concerning the plans and programs for the following three years, a great part of the Sections intend to continue with their periodical activities, consisting on seminars, meetings, magazines, Ibero-Latin American Congress (Chile), amongst others. Ecuador comments its intention to organize a Specialized Centre on Arbitration and Mediation in the area of insurance. Indonesia tells us that they have an enormous economical problem that does not allow them to finance those kinds of activities, and for this reason, asks for AIDA’s collaboration. Paraguay points out that their plans are to re-organize institutionally the Section of AIDA.

19. V. ACTIVITIES AND INSTITUTIONAL AND ACADEMICAL PROGRAMMES 3. In general, there is a detailed list of the important academic activities that have been developed by each Section during the last five years. There have been great and periodical academic activities, for example, in the Argentinean, Australian, British, Colombian, Danish, French and Spanish Sections, amongst others. 4. 50% of the countries that answered the questionnaire publish a magazine, a periodical communication or an informative bulletin; the other 50% do not. In Argentina, for example, the publication was stopped and other countries such as Ecuador and Mexico are planning on implementing a magazine or bulletin. 5. Around 70% of the countries that gave their response to the questionnaire tell us that members of their National Sections have published articles or books on insurance, but publications from AIDA, specifically, have only been made in around 40% of the Sections.

20. V. ACTIVITIES AND INSTITUTIONAL AND ACADEMICAL PROGRAMMES 6. 16 from the 32 countries tell us that they participate in the Working Parties of AIDA. The other 50% do not participate. 7. The majorityof the Sections have said that the give response to the questionnaires, only 3 Sections tell us that they do not. Slovakia and Slovenia say that, occasionally they answer with some delay. Some Sections mention that they have just re-started their activities and for that reason they had not answered before (Ecuador, Portugal, Serbia and Montenegro); and New Zealand answers the questionnaires containing matters related to them, because many of the questionnaires are not relevant for their Section. Finland answers that they had not received questionnaires and Paraguay explains that there are some difficulties to answer.

21. V. ACTIVITIES AND INSTITUTIONAL AND ACADEMICAL PROGRAMMES 8. Concerning the relationships with the judicial power, as well as with insurers, reinsurers and control entities in each country, the majority of the Sections tell us that they are good, and that there is permanent contact. In fact, in some cases, judges, the boards of directors of insurance and reinsurance companies, are members of the National Section. In some countries such as Argentina and Slovakia, there are few institutional links with the judicial power and in New Zealand there are no linksat all. 9. As for the arbitration, around 40% of the National Sections (or some of their members) develop arbitrationactivities or actions related with Dispute Resolution methods derived from insurance and reinsurance contracts. We can mention as examples the following countries: Belgium, Chile, France, Indonesia, Mexico, Paraguay (only with reference to insurance), Russia, Spain and the United Kingdom.

22. VI. STRENGTHS AND WEAKNESS Strengths: • Enthusiasm and compromise from the active members • Numerous active members • Having an Insurance Law magazine • Academic activity • Bibliography • Relationships with all insurance sectors • Recognition from the insurance community • Diffusion centre of insurance law topics • Independence from authorities and enterprises • Professional Prestige • The fact that the organization is strictly academic and not contaminated by other sort of interests • The group of persons that belong to the Association have different contexts and experiences with the insurance sector

23. VI. STRENGTHS AND WEAKNESS Weaknesses • Lack of a library • Lack of a magazine or journal • The National Section does not have headquarters of its own. • Scarce economical resources • Few members are really active • Not much interest coming from the judicial, academic and business community; which brings with it that these important sectors are not involved with the National Section in any kind of discussions (Indonesia) • To depend on the voluntary work of the members • Lack of interest coming from the private sector • Limited number of professionals who are specialists on Insurance • Paraguay sees that its Section only has weaknesses –with the only exception of the “hope they have to make the Section work out as it should”, and makes reference specifically to economical problems. • Lack of specialists on insurance law (Paraguay).

24. VII. SUGGESTIONS AND RECOMENDATIONS • To promote that universities give scholarships • More activity of the Working Parties • Internet access to documentation centers and libraries of the different National Sections. • Language difficulty • More contact with AIDA (Danish and Japanese Sections) • Updated lists of the members of AIDA that facilitate communication • To promote a more institutional relationship, that is not based on the activity or interests of certain important personalities that do not represent the National Section. • More frequent visits to the National Sections of AIDA personalities. • To structure a working plan between AIDA and each National Section. • To promote regional cooperation of the European Community as well as there is for the Latin American region.

25. VII. SUGGESTIONS AND RECOMENDATIONS • Financial cooperation that will permit the intervention of international professors in the colloquiums. • That the Hungarian Section is informed, with enough timing, the nominees for the AIDA medals and diplomas, as they are in charge of elaborating them. • That information about cases and judicial decisions within the countries that are members of AIDA is shared and the other National Sections are able to know about them. • Economical support in the sense of paying, for instance, the assistance of those who are giving conferences, etc. in order to contribute with National Sections that have scarce economical capacities, can equally have their colloquiums and conferences. • That a member of AIDA visits the National Section, in order to revive the enthusiasm of the members of the Section and therefore, be able to strengthen the Section (Paraguay). • Encourage the knowledge of the insurance actuality in other countries that are members. • To better AIDA’s website, links to relevant insurance legislation, as well as bibliography, etc. could be incorporated.

26. FINAL CONSIDERATIONS Strengths • The important historical tradition of the National Sections of AIDA, most of which have been working and operating for more than 40 years. • The great academic strength of the National Sections of AIDA, with great capabilities of their members, who have been excellent lawyers nationally and internationally recognized. The magazines, bulletins, books, investigation works and publications are of great importance. They build a written memory of the activity of the Association, and, at the same time, develop one of the principal objectives of AIDA. • We can assure that AIDA constitutes an Insurance comparative law source, which is unique in the world.

27. FINAL CONSIDERATIONS Aspects to be considered. • Many National Sections have the difficulty of scarce economical resources, taking into account that they are non lucrative entities. • Creation of a website, which is becoming more important in a world of globalization, such as the one we are living in today. Nevertheless, we must acknowledge that several National Sections already have their own website. • The Working Parties must acquire more strength and periodical meetings. • Even though there are associations dedicated to the study of Insurance Law, they do not seem to be real rivals to AIDA, and, eventually, they could be invited to become part of AIDA.

28. FINAL CONSIDERATIONS Even though the questions related to this general questionnaire have been circulating for almost three years, only 60% of the National Sections have answered them. Nonetheless, this percentage is important considering the active Sections. Stimulate a more active participation of the National Sections, as AIDA depends on its members. Generate a closer relationship between the National Sections and AIDA directives.