Settlement allocations of long-tail losses like pollution claims have long been a source of disputes between cedents and reinsurers. Often the allocation of the underlying settlement depends on the allocation methodology used based on the law of the relevant jurisdiction. The issue becomes more complicated where the reinsurance contract is governed by the law of a different … [Read more...] about Cedent Prevails on Back-to-Back Reinsurance Recovery
ADR
Understanding and Using Body Language to Improve Negotiations
“Let Me Hear Your Body Talk…”1 Negotiation Strategies: Tips for Establishing Connection and Optimizing Results Series: Part 5 See if you recognize this scenario: you're in a meeting trying to convince the other side to take your position. But something’s not right. You don't feel comfortable. The mood in the room is guarded and tense. You really don't know why: The sun is … [Read more...] about Understanding and Using Body Language to Improve Negotiations
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
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
What’s new with the AIRROC DRP?
We have all heard and read: “AIRROC’s Vision is to be the most valued (re)insurance industry educator and network provider for issue resolution and creation of optimal exit strategies.” That phrase is recited at every AIRROC Board meeting. AIRROC’s educational content and its networking forums are the instrumentalities of that vision. But, while those events help us build a … [Read more...] about What’s new with the AIRROC DRP?
Why Reinsurance Arbitration or Mediation Is More Efficient Than Litigation
The battle between whether reinsurance disputes should litigated or arbitrated (or mediated) continues even though most reinsurance disputes are subject to arbitration provisions in the reinsurance contracts. There are arguments on both sides, of course, and no one can argue that arbitration has not become more like litigation. While I favor arbitration and mediation (for … [Read more...] about Why Reinsurance Arbitration or Mediation Is More Efficient Than Litigation
Arbitration in the Courts
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
From the Brink: Tips to Revive A Stalled Mediation
Negotiation Strategies: Tips for Establishing Connection and Optimizing Results Series: Part 4 Mediation is generally a useful way to slow negotiating parties down and open their minds to optional pathways to an acceptable settlement. Accompanied by a willing counterparty and qualified, experienced mediator, you can often move immovable issues, explore “win-win” propositions, … [Read more...] about From the Brink: Tips to Revive A Stalled Mediation
Drop Anchor or Anchors Aweigh? Making the First Offer In Negotiations
Negotiation Strategies: Tips for Establishing Connection and Optimizing Results Series: Part 3 Years ago, my wife and I took a trip to Mexico. The worker in me was ready to kick back and put down a tequila or two. But my inner negotiator was anxious to test his skills at a Mexican mercado (market). Who would win the test of wills between the novice American buyer and savvy … [Read more...] about Drop Anchor or Anchors Aweigh? Making the First Offer In Negotiations
Prepare, Prepare, and Also, Prepare.
Negotiation Strategies: Tips for Establishing Connection and Optimizing Results Series: Part 2 We all know the scenario: You’ve been chasing your counterparty for weeks, trying to get either payment, a meeting, or a substantive response. On your end, you reviewed the file and calculated how much you want and, perhaps, how much you might settle for, based upon YOUR analysis … [Read more...] about Prepare, Prepare, and Also, Prepare.
Getting to Yes: Where It All Began
Series: Negotiation Strategies: Tips for Establishing Connection and Optimizing Results We all do it every day: with our spouses and significant others, with our children, co-workers and counterparties, with people getting on and off of an elevator, and even while jockeying with other cars in traffic. The “it” is negotiation: exchanging verbal or non-verbal messages with a … [Read more...] about Getting to Yes: Where It All Began
ARIAS • U.S. Virtual Arbitration Hearing Guidelines
ARIAS • U.S. issues guidelines on conducting virtual arbitration. https://www.arias-us.org/wp-content/uploads/2020/05/ARIAS-U.S.-Virtual-Arbitration-Guidelines.pdf … [Read more...] about ARIAS • U.S. Virtual Arbitration Hearing Guidelines
Cue the Mediator: Hiring a Mediator to Save Costs in Superfund Cases
In almost 40 years of dealing with CERCLA liability claims, we have learned a thing or two. In November of last year, A.M. Best opined that environmental exposures were “97% funded” at $41 billion in reserves. This is good news compared to 2003, when A.M. Best viewed environmental losses as underfunded by 45% based on a projected ultimate loss of $56 billion. But then, as now, … [Read more...] about Cue the Mediator: Hiring a Mediator to Save Costs in Superfund Cases
Sixth Circuit Follow-Up: Court Interventions in Arbitration Proceedings
In the Fall 2016 edition of AIRROC Matters, we discussed a series of contentious arbitration disputes between Meadowbrook and National Union that led to a noteworthy Sixth Circuit decision concerning the involvement of courts in arbitration proceedings and the impact of ex parte communications. In August 2016, in Star v. National Union, 2016 WL 4394563, at *1 (6th Cir. 2016), … [Read more...] about Sixth Circuit Follow-Up: Court Interventions in Arbitration Proceedings
Lifting the Veil on Arbitration Proceedings: Who’s Your Arbitrator: Arbitrator Disqualification by the Courts
In the Spring 2016 issue of AIRROC Matters, we featured Part 1 of a multipart arbitration series by Michael Goldstein and Dan Endick titled, “When Courts Peek Under the Arbitral Veil: The Role of the Courts in Managing Your Reinsurance Arbitration.” Part 2 was “Lifting the Veil on Arbitration Proceedings: Who’s Your Counsel – Disqualification of Counsel by Courts” and it … [Read more...] about Lifting the Veil on Arbitration Proceedings: Who’s Your Arbitrator: Arbitrator Disqualification by the Courts
Lifting the Veil on Arbitration Proceedings: Who’s Your Counsel: Disqualification of Counsel by Courts
In the Spring 2016 issue of AIRROC Matters, we featured Part 1 of a multipart arbitration series by Michael Goldstein and Dan Endick titled, “When Courts Peek Under the Arbitral Veil: the Role of the Courts in Managing Your Reinsurance Arbitration”. The following article is Part 2, “Who’s Your Counsel.” The final article in the series – Part 3 – will appear in a subsequent … [Read more...] about Lifting the Veil on Arbitration Proceedings: Who’s Your Counsel: Disqualification of Counsel by Courts
When Courts Peek Under the Arbitral Veil: The Role of the Courts in Managing Your Reinsurance Arbitration
Arbitration in general is intended as an alternative to litigation in the courts. For good reasons, courts rarely intervene in pending arbitrations and instead require the parties, under most circumstances, to wait for a final award before seeking redress for perceived grievances in the arbitration process. Indeed, the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), … [Read more...] about When Courts Peek Under the Arbitral Veil: The Role of the Courts in Managing Your Reinsurance Arbitration
AIRROC Dispute Resolution: Adding Simplified Mediation to Your Toolbelt
Is the Duty of Utmost Good Faith in Runoff?
For centuries the venerable duty of utmost good faith has served as a bedrock principle of the reinsurance industry: a standard that has set reinsurance contractual relationships apart from other commercial transactions governed by “caveat emptor.” However, a number of commentators in the industry have questioned whether the duty of utmost good faith has been in … [Read more...] about Is the Duty of Utmost Good Faith in Runoff?
