Download presentation
Presentation is loading. Please wait.
Published bySusan Shaw Modified over 9 years ago
1
PROBLEMS WITH REINSURANCE ARBITRATIONS AND HOW TO ADDRESS THEM
2
PARTIALITY OF ARBITRATORS IN MASSACHUSETTS © 2009 Andrew Ian Douglass Morrison Mahoney LLP The opinions expressed herein are those of the author and not necessarily those of Morrison Mahoney LLP or of any of its clients.
3
GENERAL RULES Panel decision likely to be binding if no misconduct Panel’s interpretation of arbitration rules also binding
4
MISCONDUCT Acting outside the authority granted in the arbitration clause of the agreement Possibly, acting outside the rules of the arbitration association if cited in the arbitration clause
5
MISCONDUCT (CONT’D) Refusing to admit or hear evidence material to the claim Evident partiality among neutrals Corruption of arbitrators
6
NOT MISCONDUCT: Failure to timely provide reasons for award when requested Awarding attorneys fees Awarding monetary sanctions against counsel for non-cooperation Refusing to re-open hearing, where counsel already had opportunity to present evidence at original hearing
7
EVIDENT PARTIALITY What is: bias, personal or financial interest in outcome, non-disclosure of part or present relationships with parties & counsel What isn’t (pretty much everything else) The duck theory of law
8
CORRUPTION OF THE ARBITRATORS What isn’t: –Nominating counsel for one party to a position in a trade association –Conviction for larceny in an unrelated case
Similar presentations
© 2024 SlidePlayer.com. Inc.
All rights reserved.