In this first “Nuts & Bolts” post we briefly review the general rules concerning the finality of arbitration awards under the Federal Arbitration Act (“FAA”), and note some of the consequences that flow from finality. Our principal focus is on Second Circuit finality rules. The rules in other circuits may differ. Continue Reading »
Archive for March, 2009
Introducing “Nuts & Bolts” Posts
March 29th, 2009 General, Nuts & Bolts 2 Comments »From time to time we shall feature “Nuts & Bolts” posts, which are designed to provide basic information on reinsurance- or arbitration-related topics. These posts are intended to be a resource for in-house and outside counsel, arbitrators, law students, and other persons who are interested in reinsurance or arbitration law (or both). Our coverage is not intended to be comprehensive, but merely to provide some hopefully helpful background and a springboard for further research. Continue Reading »
What does the Arbitration Fairness Act of 2009 Have to Say About Commercial and Industry Arbitration Involving Sophisticated Parties? (Part II)
March 26th, 2009 Arbitrability, Legislative Developments Comments Off on What does the Arbitration Fairness Act of 2009 Have to Say About Commercial and Industry Arbitration Involving Sophisticated Parties? (Part II)Part II: Why the Fairness Act May Breed Litigation
In Part I of this multi-part post we provided some general background on the Fairness Act and said it was likely to generate litigation over the allocation of power between courts and arbitrators in commercial arbitration proceedings involving sophisticated, commercial entities. In this Part II we briefly discuss why litigation will likely occur if the Fairness Act becomes law. Continue Reading »
What does the Arbitration Fairness Act of 2009 Have to Say About Commercial and Industry Arbitration Involving Sophisticated Parties?
March 25th, 2009 Arbitrability, Legislative Developments 1 Comment »Part I of a Multi-Part Post: Introduction
On February 12, 2009 Representative Henry Johnson (D-GA) introduced the Arbitration Fairness Act of 2009 (H.R. 1020) (the “Fairness Act”), a consumer-oriented measure which, if enacted, would render invalid and unenforceable predispute arbitration agreements requiring arbitration of “employment, consumer or franchise disputes,” or disputes “arising under any statute intended to protect civil rights.” The bill, which has been referred to the House Judiciary Committee, is nearly identical to the Arbitration Fairness Act of 2007, which was introduced in 2007, but ultimately did not make it out of committee. (For a copy of the Fairness Act, click here.) Continue Reading »
What is the Difference Between “Commercial” and “Industry” Arbitration?
March 24th, 2009 General Comments Off on What is the Difference Between “Commercial” and “Industry” Arbitration?If you bothered to read even this much of the first sentence of this post, you probably have a pretty good idea of what commercial arbitration is, and what it encompasses. To us, and, we suspect most others, “commercial arbitration” is simply arbitration arising out of or relating to a commercial transaction. It includes arbitrations involving only sophisticated parties as well as disputes involving one or more “unsophisticated” parties, such as consumer arbitration. It is not generally understood to include labor arbitration arising out of collective bargaining agreements (which is not governed by the Federal Arbitration Act, although FAA precedents are frequently cited in Labor Management Relations Act Section 301 cases and vice-versa). And it is debatable whether arbitration arising out of an employment contract dispute (which may or may not be governed by the FAA) is truly a species of commercial arbitration, yet we consider it one. Continue Reading »
Welcome to the Loree Reinsurance and Arbitration Law Forum!
March 24th, 2009 General Comments Off on Welcome to the Loree Reinsurance and Arbitration Law Forum!Welcome to our blog! We want it to be a forum for the analysis and open discussion of reinsurance law and practice and commercial and industry arbitration. We will be covering recent developments in or affecting both of these subjects, as well as exploring topics pertinent to each. Continue Reading »
