Arbitration Archives - Page 17 of 20 - Insurance & Reinsurance

Arbitration: Second Circuit Finds That Order Denying Motion to Dismiss Is Not Appealable

Jul 15, 2008 | Arbitration, New York Developments, Reinsurance | United States

The United States Court of Appeals for the Second Circuit recently held that an order denying a party’s motion to dismiss an application for a preliminary injunction was not an immediately appealable decision under the “final order rule,” on the grounds that the court lacked jurisdiction to hear it.

UK: Interest Payable on a New York Convention Arbitration Award

May 30, 2008 | Arbitration | United Kingdom

The English Commercial Court in Gater Assets Limited v. NAK Naftogaz Ukrainiy [2008] EWHC 1108 (Comm) recently considered the award of interest on an order of the English court entering judgment in terms of a New York Convention arbitration award. The arbitrators had not awarded post-award interest but the claimant applied to enforce the court order, claiming interest on the award at 8%pa from the date of the court order. The defendant disputed the claimant’s entitlement to interest.

New York State Court Vacates Portion of Arbitration Award Based on Manifest Disregard of the Law

May 23, 2008 | Arbitration, Industry Developments, New York Developments, Reinsurance | United States

Last month, www.insurereinsure.com reported on the U.S. Supreme Court’s decision in Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989 (U.S. Mar. 25, 2008), which held that the grounds set forth in the Federal Arbitration Act (“FAA”) for vacating and modifying arbitration awards were “exclusive,” rejecting the notion that parties whose arbitration is governed by the FAA can contractually expand the scope of judicial review of the award beyond the grounds provided by the FAA.

New York Federal Court Finds That Arbitration Awards Should Not Be Sealed

May 7, 2008 | Arbitration, Industry Developments, New York Developments, Reinsurance | United States

In a recent decision by the United States District Court for the Southern District of New York, the court held that, despite the confidential nature of arbitration proceedings, a party seeking to confirm an arbitration award in court must establish some justifiable reason as to why the award and any documents filed in conjunction with the petition to confirm should remain confidential in order to overcome the strong presumption against sealing judicial records and prevent public access.

Court Reinforces Federal Policy Favoring Arbitration

May 2, 2008 | Arbitration | United States

The United States District Court for the Eastern District of Pennsylvania recently held that plaintiff, who first initiated arbitration against the defendant’s subsidiary but then commenced a lawsuit against its parent, must establish the subsidiary’s liability in arbitration before filing any claims that purport to pierce the subsidiary’s corporate veil.

Resolution Issued by Ukrainian Court Rejects Enforcement of Arbitration Awards Under New York Convention

Apr 7, 2008 | Arbitration, Industry Developments, Reinsurance | United States

A member of the U.S.-Ukraine Business Council recently predicted that a resolution issued by the Ukrainian High Commercial Court may lead to that country’s secession from the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”).

U.S. Supreme Court Rejects Expanded Judicial Review of Arbitration Awards

Apr 7, 2008 | Arbitration, Industry Developments, Reinsurance | United States

In a much anticipated decision, the U.S. Supreme Court recently held that the Federal Arbitration Act’s (“FAA”) statutory grounds for vacating and modifying arbitration awards are “exclusive,” and thus cannot be expanded, even if expressly agreed upon by the arbitrating parties.

Arbitration Prevails: U.S. Supreme Court Holds that Federal Arbitration Act Supersedes State Law Vesting Another Forum with Jurisdiction Over a Dispute

Apr 7, 2008 | Arbitration, Industry Developments, Reinsurance | United States

Consistent with the strong federal policy favoring the enforcement of arbitration agreements, the United States Supreme Court recently held that when parties agree to arbitrate all questions arising under a contract, the Federal Arbitration Act (“FAA”) supersedes state laws lodging primary jurisdiction in another forum.

The English Court of Appeal considers the confidentiality of documents disclosed in an arbitration

Mar 14, 2008 | Arbitration | United Kingdom

The issue in Michael Wilson Partners Ltd v John Forster Emmott [2008] EWCA Civ 184 was whether Mr Justice Flaux, at first instance, had acted correctly in authorising the disclosure, for the purposes of proceedings in New South Wales and the British Virgin Islands, of documents generated in an English arbitration.

Court Refers Ambiguity Over Structure of Arbitration and Selection of Arbitrators to the Panel

Mar 7, 2008 | Arbitration, Reinsurance | United States

A federal district court recently held that an ambiguity in a reinsurance contract’s arbitration provision regarding the structure of the arbitration and selection of arbitrators was for the arbitrators, not the court, to decide.

Topic: Arbitration

Arbitration: Second Circuit Finds That Order Denying Motion to Dismiss Is Not Appealable

UK: Interest Payable on a New York Convention Arbitration Award

New York State Court Vacates Portion of Arbitration Award Based on Manifest Disregard of the Law

New York Federal Court Finds That Arbitration Awards Should Not Be Sealed

Court Reinforces Federal Policy Favoring Arbitration

Resolution Issued by Ukrainian Court Rejects Enforcement of Arbitration Awards Under New York Convention

U.S. Supreme Court Rejects Expanded Judicial Review of Arbitration Awards

Arbitration Prevails: U.S. Supreme Court Holds that Federal Arbitration Act Supersedes State Law Vesting Another Forum with Jurisdiction Over a Dispute

The English Court of Appeal considers the confidentiality of documents disclosed in an arbitration

Court Refers Ambiguity Over Structure of Arbitration and Selection of Arbitrators to the Panel

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