Reinsurance Arbitration Case Notes Archive

Reinsurance Arbitration Case Notes from January 2008 to present

September 6, 2007: Pennsylvania Federal Court Rejects “First in Time” Rule to Determine Which of Four Arbitration Panels Should Decide Consolidation Question

August 29, 2007: 7th Circuit Rules that Party-Arbitrator Appointment Deadlines Must Be Strictly Enforced

August 27, 2007: California Supreme Court Rules that Nonparty Insurer’s Reinsurance Agreements Are Not Discoverable by Plaintiffs

June 12, 2007: New York Appellate Division Rejects Cedent’s Post-Settlement Reinsurance Allocation as Unreasonable and Inconsistent with Its Pre-Settlement Allocation Positions

June 12, 2007: 3rd Circuit Rules that Consolidation Is for the Arbitrators, Not the Court, to Decide

March 27, 2007 : Party Refusing to Sign Arbitration Panel Hold Harmless Agreement Ordered to Do So by Court

January 18, 2007 : Summary Case Note – En Banc Fifth Circuit Denies Vacatur for Alleged “Evident Partiality” Due to Arbitrator Nondisclosure of Past Relationship with Counsel

September 29 , 2006: Summary Case Note – Federal Court Breaks Umpire Selection Deadlock

May 31 , 2006: Summary Case Note – Texas Court Reaffirms Arbitral Immunity From Civil Liability Notwithstanding Neutral Arbitrator’s Nondisclosure

April 4, 2006 : Summary Case Note -- 7th Circuit Rules That Arbitrators Must Decide Consolidation Question in First Instance

December 2, 2005: Enforcing Discovery Orders – First Circuit Upholds Panel’s Negative Inference” Sanction

August 30, 2005: When Declaratory “Final Awards” Clash With the Functus Officio Doctrine

August 3, 2005: Reference to “Arbitration Clause” in Binding Placement Slip Sufficient to Compel Arbitration

June 13, 2005: Arbitration Clause Does Not Require “All-American” Umpire Slates

December 28 , 2004: Treaty's Access to Records Clause Does Not Constitute a Blanket Waiver of Attorney-Client Privileg e

December 9, 2004: Sealing Confidential Arbitration Documents – Federal Court Takes A Cautious Approach

October, 2004: Federal Magistrate Judge Appoints "Most Qualified" Umpire after Deadlock

September 16, 2004: When an Arbitrator Dies: Federal Court Rules That the Arbitration Must "Begin Afresh"

July 19, 2004: Arbitrators, Not the Court, Must Decide Scope of Counterclaims to Be Resolved In an Arbitration

July 9, 2004: Consolidation of Related Reinsurance Disputes: Who Decides – Arbitrators or The Courts?

March 15, 2004: 2nd Circuit Rules That Reinsurer Must Follow Cedent's Post-Settlement Allocation

March 12, 2004: 3rd Circuit Rules That FAA Does Not Authorize Use of Pre-Hearing Non-Party Document Discovery Subpoenas in Arbitrations

February 3, 2004: Seventh Circuit Rejects As Unreasonable Motion to Remand for Clarification Eight Years after Panel Award

January 14, 2004: No "Second Bite at the Apple" for Losing Party to Challenge Arbitral Award's Treaty Interpretation and Application a Year Later

September 30, 2003: Facultative Reinsurer Not Bound to Follow Cedent’s $257 Million Non-Products Asbestos Single Occurrence Settlement Allocation

October 6, 2003: Court Appoints Umpire When Party-Arbitrators Reach Impasse

August 26, 2003: D.J. Expense Claims under Facultative Certificates Rejected by Second Circuit

June 3, 2003: 6th Circuit Vacates Award Ordering Party’s Payment to Nonparty

May 13, 2003: 8th Circuit Rules New Panel Need Not Be Appointed and Arbitration Commenced Anew When Arbitrator Resigns

April 7, 2003: U.S. Supreme Court Declines to Hear Appeal of 7th Circuit's Sphere Drake “Evident Partiality” Decision</p>

March 31, 2003: Multi-Year Fac Certs’ Liability Limits Trump “Follow Form” Clause – Annualization Denied Despite Conflicting Settlement Allocation

February 20, 2003: House of Lords Rules in Phoenix Film Financing Case on Insurers' Claims of Fraudulent Misrepresentation and Nondisclosure

January 3, 2003: Panel's Monetary Award Upheld as not "Indefinite" or the Product of a "Rough Justice" Compromise

December 17, 2002: Reinsurer's Action to Recover Claims Payments Erroneously Billed by Cedent Not Arbitrable Under "Narrow" Fac Cert Arbitration Clause

October 9 , 2002: 7th Circuit Reverses Vacation of Award for "Evident Partiality" Due to Party-Appointed Arbitrator's Failure to Make Full Disclosure

September 25, 2002: Court Refuses to Bar Depositions of Reinsurer's Top Executives Regarding Unicover and MGA Policies

September 9, 2002: 8th Circuit Rejects "Anti-Follow-The-Fortunes" Argument and Adopts Familiar "Bad Faith" Standard

August 30, 2002: Fifth Circuit Holds That Court Is Without Authority to Disqualify Arbitrator Prior to Award's Issuance

August 6, 2002: Uruguayan Reinsurer Not Immune from Arbitration Panel Pre-hearing Security Order

August 2, 2002: Party-Appointed Arbitrator's Prior Adverse Position Regarding Similar Dispute Held Not "Evident Partiality"

August 1, 2002: Second Circuit Holds That Reinsurers' Rescission Action Is Not Subject to Fac Certs' "Narrow" Arbitration Clause

July 11, 2002: "Follow the Settlements" Doctrine Held Inapplicable When Reinsurer Funded Settlement under a Reservation of Rights

July 29, 2002: Reinsurance Agreement Discoverable by Policyholder but Not Cedent Reinsurer Underwriting and Claims Communications

June 26, 2002: 2nd Circuit Refuses to Compel Arbitration When Reinsurer Contended That Its Agents Had No Bindng Authority

June 12, 2002: Retrocedent in Informal Fronting Deal Compelled to Arbitrate with Line Slip Pool Cedents

June 7, 2002: Argentine Reinsurer Not Immune from Pre-Judgment Security Order

June 3, 2002: “Follow-the-Settlements"" Doctrine Not Inherent in 1974 Casualty Fac Cert Based on Industry Custom and Practice

May 17, 2002: Reinsurance Arbitration Award Vacated Due to Arbitrator "Evident Partiality"

May 2, 2002: Film Financing Litigation Stayed on Federal Abstention Grounds

May 1, 2002: Certain Expert Testimony in D.J. Expense Litigation Inadmissible

April 15, 2002: Umbrella Policy Covers Liability Otherwise Capped by Primary Policy's Household Exclusion in Absence of Explicit "Follow Form" Clause Maryland's Highest Court Rules

March 29, 2002: "Follow the Settlements" Doctrine Applied to Cedent's Asbestos Loss Allocation Methodology Based on Seven Provinces Decision

March 29, 2002: Life Reinsurance Agreement Not Executory as to Claims Presented by Insolvent's Policyholders Still Living as of Liquidation Date

March 12, 2002: Arbitrator Incapacity 12 Months after Panel Convened Does Not Require Appointment of New Panel to Fill Vacancy

March 11, 2002: "Follow the Settlements" Clause Held Not Implicit in a Fac Cert as a Matter of Law

March 5, 2002: Party Must Be "Aggrieved" by an Alleged Failure, Neglect or Refusal of an Adverse Party to Arbitrate Before a Federal Court Has Jurisdiction to Compel Arbitration under the Convention Act