Archives: Award

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Confidentiality in Arbitration

Much has been said over the years about the benefits of arbitration as a private, confidential mechanism for resolving business disputes. For decades the courts, especially the federal courts, have touted the confidential nature of private commercial arbitration. Courts regularly defer to arbitration and there is a clear federal policy favoring arbitration. So why when … 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

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

Who Decides the Preclusive Effect of a Prior Arbitration Award?

What happens when one party loses an arbitration and then commences a second arbitration against the same counterparty over similar issues? Can the party that won the arbitration and then had the award confirmed in federal court obtain an injunction precluding the first party from moving forward with the second arbitration? Apparently not.… Continue Reading
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