AIRROC Update

Insurance & Reinsurance News

Arbitration

What’s Trending in the World of Arbitration?

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AIRROC June 2024 Chicago Forum: Karen Borg (CNA), Martha Conlin (Troutman Pepper), Judy Harnadek (Resolute Management), Teresa Snider (Porter Wright) This panel addressed current trends in arbitration, including an introduction from the in-house representatives designed to provide “the view from the trenches.” The discussion included lessons to be learned from trends in … [Read more...] about What’s Trending in the World of Arbitration?

Arbitration Award Confirmed In the Face of Recapture and Request to Seal Is Denied

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Parties to reinsurance arbitrations often file in court to confirm (or vacate) arbitral awards. Some file even though the adverse party has complied with the arbitration award. When doing so, they invariably invoke the confidentiality agreement in the proceeding to seal the award and other related documents used in the petition to confirm. Must the court confirm and must the … [Read more...] about Arbitration Award Confirmed In the Face of Recapture and Request to Seal Is Denied

Arbitration in the Courts

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Southern District of New York twice finds that, under the McCarran Ferguson Act, Louisiana statute barring arbitration of insurance disputes reverse-preempts the New York Convention: Arbitration agreements were not “forum selection clauses” exempted from Louisiana statute’s proscription on arbitrating insurance disputes. Certain Underwriters at Lloyds, London et al v. Mpire … [Read more...] about Arbitration in the Courts

Arbitration in the Courts

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DC district court reaches conflicting decisions whether EU high court’s landmark decision deprives US courts of jurisdiction to enforce investors’ arbitral awards against Spain. 9REN Holding SARL v. Kingdom of Spain, No. 1:19-cv-1871-TSC (D.D.C. Feb. 15, 2023); Blasket Renewable Investments LLC v. Kingdom of Spain, No. 21-3249 (RJL) (D.D.C. March 31, 2023). The Slovak … [Read more...] about Arbitration in the Courts

Eleventh Circuit Joins Its Sister Circuits in Holding that the FAA’s Grounds for Vacating Domestic Awards Are Available to Challenge International Arbitration Awards Rendered in the United States or Decided under U.S. Law

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We recently wrote about the Eleventh Circuit’s May 2022 decision in Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A. (AICSA v. HSR), holding that FAA grounds for vacating domestic arbitration awards are not available to challenge international arbitration awards.  The Eleventh Circuit reheard the case en banc, as urged by the three judge panel in its May 2022 opinion, … [Read more...] about Eleventh Circuit Joins Its Sister Circuits in Holding that the FAA’s Grounds for Vacating Domestic Awards Are Available to Challenge International Arbitration Awards Rendered in the United States or Decided under U.S. Law

Arbitration in the Courts

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Functus Officio gets a new exception: Second Circuit holds that district courts remand of unreasoned award to arbitrator does not violate the functus officio doctrine. Smarter Tools, Inc. v. Chongqing SENCI Import & Export Trade Co., Ltd., No. 21-724, (2d Cir. January 17, 2023). The functus officio doctrine – Latin for having “completed one’s office” – dictates … [Read more...] about Arbitration in the Courts

Arbitration in the Courts

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Absent diversity of citizenship, federal courts lack jurisdiction over petitions to confirm or vacate domestic arbitration awards, even where the underlying claims arise under federal law. U.S. Federal courts are courts of limited jurisdiction, which Congress and the Constitution have defined to include two main categories: “diversity” jurisdiction (suits between citizens of … [Read more...] about Arbitration in the Courts

Party-Appointed Arbitrators on the Precipice

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Concerns about bias and prejudice from multiple repeat appointments have plagued party-appointed arbitrators for years.  This is true of international arbitration, commercial arbitration and, of course, insurance and reinsurance arbitration.  Recently, there have been several cases in the United States and the United Kingdom addressing implicit bias, repeat players and the need … [Read more...] about Party-Appointed Arbitrators on the Precipice

The Scope of an Arbitration Panel’s Authority

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Raymond Mastrangelo, a Partner with Mound Cotton Wollan Greengrass LLP, moderated a panel discussion with three of the insurance and reinsurance arbitration community’s most experienced and respected arbitrators:  Susan Claflin, Claflin Consulting Services LLC, Ann Field, Senior Managing Director of Client Services, Aon, and Howard Page, HR Page Consulting LLP.  The panel topic … [Read more...] about The Scope of an Arbitration Panel’s Authority

A Look at the Legal Landscape

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The education sessions of the 2021 Summer Membership Meeting began with “A Look at the Legal Landscape” of COVID-19 Business Interruption (“BI”) claims, presented by John O’Bryan, Partner, Freeborn & Peters, Michael Merlo, Executive Vice President and Chief Counsel, Aon, and Kay E. Wilde, Director of Reinsurance Assumed Claims, Allstate Insurance Company.  The panel treated … [Read more...] about A Look at the Legal Landscape

Reinsurance Arbitration Awards – An Uphill Battle?

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A long-running dispute between Pennsylvania National Mutual Casualty Insurance Company and one of its reinsurers, Everest Reinsurance Company, recently culminated in the unsealing of an award from an arbitration to which Everest had not been a party. Everest was able to obtain this result despite the fact that Penn National had withdrawn its petition to confirm the award (and … [Read more...] about Reinsurance Arbitration Awards – An Uphill Battle?

Arbitrators to Decide If Reinsurance Rebilling After Final Arbitration Award Is Precluded

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Federal District Court in Massachusetts holds that the preclusive effect of a prior arbitration award is itself an arbitrable issue.  Read full article here - https://www.inredisputesblog.com/2020/03/arbitrators-to-decide-if-reinsurance-rebilling-after-final-arbitration-award-is-precluded/   … [Read more...] about Arbitrators to Decide If Reinsurance Rebilling After Final Arbitration Award Is Precluded

Final Award Confirmed Over Interim Final Award in Reinsurance Dispute

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Court rules that the Final Award is the Final Award and rejects reinsurer’s argument that the arbitration panel was functus officio after it issued the Interim Final Award.  Read full article here - https://www.inredisputesblog.com/2020/04/final-award-confirmed-over-interim-final-award-in-reinsurance-dispute/   … [Read more...] about Final Award Confirmed Over Interim Final Award in Reinsurance Dispute

Who Demands Arbitration Is Key to Whether Arbitration Will be Compelled

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Complex corporate structures and internal reinsurance relationships can complicate legacy reinsurance relationships. Larry Schiffer summarizes a recent SDNY case that dealt with one such complication in compelling arbitration.  Read full article here - https://www.inredisputesblog.com/2020/02/who-demands-arbitration-is-key-to-whether-arbitration-will-be-compelled/ … [Read more...] about Who Demands Arbitration Is Key to Whether Arbitration Will be Compelled

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