Tag Archives: FAA

Relationship? What Relationship?: Evident Partiality and Arbitrator Disclosure

Arbitrators have a special responsibility to disclose all relevant relationships to the parties so that any potential conflicts can be vetted. There are some obvious relationships that need to be disclosed like prior employment by one of the parties. There are other relationships that may be disclosed out of an abundance of caution, but typically … Continue Reading

The Dangers of Selecting an Exclusive Arbitral Forum

Arbitration clauses in commercial contracts often specify an arbitral forum before which any dispute must be arbitrated. Insurance and reinsurance contracts containing arbitration clauses are no different. Specificity about the arbitral forum (or the arbitral rules or the appointing authority in case of an impasse) in an arbitration clause has resulted in much case law over the … Continue Reading

Evident Partiality As a Ground to Vacate An Arbitration Award

Most insurance and reinsurance arbitrations fall within the scope of the Federal Arbitration Act (“FAA”) because they involve interstate commerce. But vacating an FAA arbitration award (there is no “appeal”) is an uphill battle. Only limited grounds exist to mount the challenge and very few challenges are successful. Evident partiality is one of those grounds.… Continue Reading

Umpire Selection Impasse? Second Circuit Directs District Court to Appoint Umpire

You are involved in a reinsurance dispute in arbitration. Both sides have named their party-appointed arbitrators and have exchanged umpire candidates. One side rejects the other side’s candidates because the objecting party believes that one or more of the candidates does not qualify as an arbitrator under the terms of the arbitration clause in the … Continue Reading

Too Little, Too Late: Post-Arbitration Award Frustrations

Armchair quarterbacking or second-guessing an outcome after an event has occurred is a skill displayed by many. The same is true following a reinsurance arbitration award. It is very easy to second-guess the arbitration award or wish that some evidence or testimony was presented differently. Anyone who has ever had an arbitration award that was … Continue Reading

Second Circuit Closes an Open Question: Grant of Motion to Compel Arbitration Requires Stay Not Dismissal

Sometimes when a reinsurance dispute arises one of the parties may decide to file a complaint in court rather than demand arbitration. This may happen in spite of an arbitration clause in the reinsurance contract. Perhaps one of the parties was not a signatory to the arbitration agreement. Or perhaps one or more of the … Continue Reading
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