Tag Archives: second circuit

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

The Resurgence of the Defense of Late Notice in Reinsurance Disputes

One of the first things that a reinsurance claims person looks at when receiving a claim notice for the first time is whether the notice from the ceding insurer complies with the notice requirements of the reinsurance contract. In other words, is the reinsurer hearing about this claim for the first time after judgment has … 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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