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Efforts to compel arbitration of commutation agreement fail

Jorden Burt LLP
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USA
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May 13 2009

A group of reinsurers recently lost both their application for a partial stay of litigation pending arbitration and application to appoint an umpire pursuant to the Federal Arbitration Act

Right to arbitrate deemed waived by court

Jorden Burt LLP
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USA
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December 30 2009

A court denied a motion to compel arbitration because the movants’ active participation in the litigation constituted a waiver of the right to arbitrate

Court refuses confirmation of arbitration award to avoid making substantive rulings on contract issues

Jorden Burt LLP
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USA
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January 13 2010

A motion to compel arbitration and to stay a case was granted to prevent the court from having to intepret certain reinsurance contracts that contain the arbitration agreements

Ninth Circuit affirms confirmation of award made through an “unusual” arbitration process

Jorden Burt LLP
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USA
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January 11 2010

The Ninth Circuit affirmed the confirmation of an arbitration award over the respondent's objections that the process employed by the arbitration panel was unfair and resulted in an implausible interpretation of the reinsurance contracts

En banc decision holds that McCarran-Ferguson Act does not reverse-preempt the convention on the recognition and enforcement of foreign arbitral awards

Jorden Burt LLP
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USA
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November 16 2009

The Fifth Circuit has affirmed en banc a panel decision holding that while the McCarran-Ferguson Act reverse-preempted "Acts of Congress," that term did not encompass international treaties, which controlled in the face of contrary state law

Hall Street Associates does not bar a remand to an arbitration panel for clarification of the award

Jorden Burt LLP
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USA
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May 20 2010

A trial court's judgment confirming an arbitration award and awarding certain pre- and post-judgment interest to the defendant insurance companies was unsuccessfully appealed, the appellate court determining that an earlier remand to the arbitration panel was proper because, among other things, nothing in the United States Supreme Court's ruling in Hall Street Associates, L.L.C. v. Mattel, Inc. precluded that procedure

Motion to compel reinsurance arbitration granted, then withdrawn

Jorden Burt LLP
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USA
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April 22 2010

A federal district granted a motion to compel arbitration between parties to a reinsurance treaty, which motion was subsequently withdrawn by the moving party, Century Indemnity

Excess insurer’s reinsurer not liable to primary insurer

Jorden Burt LLP
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USA
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June 16 2010

This case focused on whether the entire amount of a $3.2 million settlement of medical malpractice claims that was reached in an arbitration was covered by a primary insurance policy issued by Texas Farmers Insurance

Third Circuit holds that a party cannot “opt out” of the Federal Arbitration Act in its entirety

Jorden Burt LLP
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USA
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August 23 2010

The Third Circuit has affirmed a judgment in favor of several foreign reinsurers confirming arbitration awards against the statutory liquidator (the Pennsylvania Insurance Commissioner) for two insolvent insurance companies, but reversed a sanctions award against the Commissioner

Arbitration round-up

Jorden Burt LLP
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USA
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November 3 2010

Amway Global v. Woodward, Case No. 09-12946 (USDC E.D. Mich. Sept. 30, 2010) (rejecting multiple manifest disregard of law challenges, including that arbitrator, in applying Michigan law, failed to follow Fifth Circuit ruling that plaintiff’s standard agreement was illusory and unenforceable under Texas law

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