In the ever-evolving landscape of dispute resolution, AIRROC continuously seeks innovative methods to address conflicts efficiently and effectively. Among these approaches, early case evaluations conducted by seasoned industry professionals who have transitioned into the role of arbitrators’ may be a particularly promising addition to its member services. This approach not only … [Read more...] about Dispute Resolution Tool: Early Case Evaluations with Industry Professionals Turned Arbitrators
ADR
The Role of Apology in Negotiations
Negotiation Strategies: Tips for Establishing Connection and Optimizing Results Series: Part 8 In negotiations - whether in business deals, labor disputes, or diplomatic talks - language is currency. Words can bridge gaps or widen chasms. Among these words, a few stand out for their emotional weight and strategic complexity: “I’m sorry,” “I apologize.” Despite its simplicity, … [Read more...] about The Role of Apology in Negotiations
Additions to the DRP: The Neutral Panel Process
For years, arbitrators have discussed the benefits of neutral panels. Simply put, the concept is not new. A “few” years ago [enough said about the passage of time], Caleb Fowler, Bob Hall and Larry Monin outlined these benefits and offered themselves as a “pre-set” panel, as stated in their article, All-Neutral Arbitration Panels, XV Mealey's Reins. Rpt. No. 24 at 23 (April 28, … [Read more...] about Additions to the DRP: The Neutral Panel Process
Diamond’s Negotiation Tactics Sparkle
Stuart Diamond’s Getting More: How to Negotiate to Achieve Your Goals in the Real World Negotiation Strategies: Tips for Establishing Connection and Optimizing Results Series: Part 7 Books on negotiation come and go, but occasionally one introduces new, meaningful, and useful recommendations for achieving successful negotiations. Getting More is such a book. In it, Stuart … [Read more...] about Diamond’s Negotiation Tactics Sparkle
Arbitration Award Confirmed In the Face of Recapture and Request to Seal Is Denied
Parties to reinsurance arbitrations often file in court to confirm (or vacate) arbitral awards. Some file even though the adverse party has complied with the arbitration award. When doing so, they invariably invoke the confidentiality agreement in the proceeding to seal the award and other related documents used in the petition to confirm. Must the court confirm and must the … [Read more...] about Arbitration Award Confirmed In the Face of Recapture and Request to Seal Is Denied
Arbitration in the Courts
Southern District of New York twice finds that, under the McCarran Ferguson Act, Louisiana statute barring arbitration of insurance disputes reverse-preempts the New York Convention: Arbitration agreements were not “forum selection clauses” exempted from Louisiana statute’s proscription on arbitrating insurance disputes. Certain Underwriters at Lloyds, London et al v. Mpire … [Read more...] about Arbitration in the Courts
Beware the “Quadrigoof”: Avoiding Four Common Mistakes in Negotiations
Negotiation Strategies: Tips for Establishing Connection and Optimizing Results Series: Part 6 We all negotiate, every day. It runs the gamut from the boardroom to the bedroom and everywhere in between. People try to win over their counterpart with reasoned arguments, pithy anecdotes, or just plain emotion. Career negotiators feel they do it fairly well, making fewer … [Read more...] about Beware the “Quadrigoof”: Avoiding Four Common Mistakes in Negotiations
Arbitration in the Courts
DC district court reaches conflicting decisions whether EU high court’s landmark decision deprives US courts of jurisdiction to enforce investors’ arbitral awards against Spain. 9REN Holding SARL v. Kingdom of Spain, No. 1:19-cv-1871-TSC (D.D.C. Feb. 15, 2023); Blasket Renewable Investments LLC v. Kingdom of Spain, No. 21-3249 (RJL) (D.D.C. March 31, 2023). The Slovak … [Read more...] about Arbitration in the Courts
Cedent Prevails on Back-to-Back Reinsurance Recovery
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
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
