Arbitration

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There have been a number of recent cases considering the jurisdiction of the English courts and the enforcement of foreign arbitration awards. In Dallah Estate & Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2009] EWCA Civ 755 the Court of Appeal considered the application of section 103(2)(b) of the Arbitration Act 1996 (“Act”), under which an English court may refuse to recognise or enforce a New York Convention (“Convention”) arbitration award where the arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made. 

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Read More UK: Recognition and Enforcement of International Arbitration Awards

In early January, www.insurereinsure.com reported on In the matter of the Petition of Ins. Co. of North America, et al. against Public Service Mut. Ins. Co., No. 08-cv-7003 (S.D.N.Y.), in which the U.S. District Court for the Southern District of New York held that an arbitration must start anew because a member of the arbitration panel resigned for health reasons prior to the rendering of an award. 

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Read More New York Federal Court Vacates Prior Order Finding That Arbitration Must Start Anew

Several prominent mediators have come together to create REMEDI, the Re/Insurance Mediation Institute, to foster the  development of mediation as a tool for resolving reinsurance and insurance disputes. …
Read More REMEDI, the Re/Insurance Mediation Institute, Formed To Promote Mediation

In a recent decision of the United States District Court for the Southern District of New York, Cooke & Partners, Ltd. v. Certain Underwriters at Lloyd’s, London, No. 08 Civ. 3435 (RJH) (S.D.N.Y. Mar. 26, 2009), the Court compelled the assignee of a liquidator’s claims to arbitrate its disputes with the reinsurers of the liquidated company. 

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Read More Southern District of New York Compels Arbitration of Assignee of Liquidator’s Claims Under the New York Convention

Petitioner Global Reinsurance Corporation of America (“Global”) and its predecessor companies provided reinsurance coverage to Home Insurance Company.  Global reinsured its contracts with Home by obtaining retrocessional reinsurance coverage from, among others, respondent Argonaut Insurance Company (“Argonaut”). …
Read More New York Federal Court Confirms Arbitration Award Requiring a Retrocessionaire to Reimburse a Reinsurer for IBNR Claims, but Recognizes the Viability of Manifest Disregard of the Law

General Reinsurance Corporation (“Gen Re”) reinsured certain commercial excess liability policies issued by Mid-Continent Casualty Company (“Mid-Continent”).  See Mid-Continent Cas. Co. v. General Reins. Corp., No. 07-5050 (10th Cir. May 22, 2009).  After a dispute arose between the parties, Mid-Continent filed a lawsuit against Gen Re in federal district court in Oklahoma, and Gen Re sought to compel arbitration under the Federal Arbitration Act (“FAA”). …
Read More U.S. Court of Appeals for the Tenth Circuit Finds that Arbitration Agreements in Reinsurance Contracts Are Enforceable under Oklahoma Law

The European Commission has published a report and a green paper on the application of EC Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Regulation). Copies of the report and the green paper can be found here and here. …
Read More EU: European Commission Considers Reform to EC Regulation No 44/2001

In a recent decision of the United States District Court for the Eastern District of New York, Apple & Eve, LLC v. Yantai North Andre Juice Co., Ltd., No. 07-CV-745 (JFB)(WDW) (E.D.N.Y. April 27, 2009), the Court found that the defendant had waived its right to arbitration, thereby rendering the arbitration clause null and void under Article II of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). 

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Read More E.D.N.Y Rules that Party Waived Right to Arbitrate in China

On May 21, 2009, the United States Court of Appeals heard en banc oral argument on its ruling in Safety National Casualty Corp. v. Certain Underwriters at Lloyd’s of London, No. 06-30262 (5th Cir. Sept. 29, 2008) that the New York Convention overrides a Louisiana statute prohibiting arbitration clauses in insurance contracts. 

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Read More Fifth Circuit Hears En Banc Oral Argument on whether New York Convention Is “Reverse Preempted” by Louisiana Statute