Archives: Arbitrators

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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 Explains (Again) Why Courts Should Not Interfere With Arbitration

Arbitrators and judges have a natural tension. Judges, especially federal judges, wield enormous power and command authority and respect. Arbitrators, particularly in specialized industries like insurance and reinsurance, are typically former executive officers of companies and do not preside over anything other than the particular arbitral dispute to which they have been appointed. Arbitrators, again … Continue Reading

Remedies for Arbitration Clause Impossiblities

Reinsurance disputes, particularly collateral disputes over the technicalities of arbitration, are often caused by the words selected in the drafting of the reinsurance contract. Because there is no “right” arbitration clause perfect for every reinsurance agreement, arbitration clauses differ from company to company and from broker to broker. Every company and every broker has their … Continue Reading

The Honorable Engagement Clause and Flexibility In Arbitration Award Relief

Those of you steeped in reinsurance know about the honorable engagement clause. It’s a provision found in the arbitration clause of some (mostly older) reinsurance contracts that gives guidance to the arbitration panel on how they should construe the disputed reinsurance contract. I use the term “guidance” loosely here because a typical honorable engagement clause … Continue Reading
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