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Archive for the ‘General’ Category

Disputing and The Forum Have Formed a Commercial and Industry Arbitration and Mediation Group on LinkedIn!

May 21st, 2009 General 9 Comments »

On May 19, 2009 Victoria VanBuren, blog master of Disputing, I, and others formed a LinkedIn Group called the Commercial and Industry Arbitration and Mediation Group.  The group is a forum for the discussion of issues and the sharing of information concerning commercial and industry arbitration, mediation and other forms of alternative dispute resolution.  Participation in the Group is an excellent networking and educational opportunity.  As of the time this was posted, the group has 29 members with diverse backgrounds, all of whom are interested in commercial and industry ADR. 

Victoria VanBuren — a talented young ADR and intellectual property attorney, Forum guest blogger, and computer science student  — and I are principally responsible for the day-to-day management of the group.  Victoria’s CV is here.  We have also enlisted the support of the following experienced and talented ADR professionals who also act as Group Managers:   

Don Philbin – Don is a Panelist and Shareholder at Conflict Solutions of Texas, and an adjunct professor at Pepperdine University School of Law’s prestigious Straus Institute on Dispute Resolution. Victoria introduced me to Don recently and I have found that he not only is a pleasure to work with, but also has a wonderful sense of humor. We are quite honored to have someone of Don’s caliber participate as a Group Manager.  Learn more about him here

Karl Bayer – Karl is a skilled trial lawyer and Dispute Resolution Expert and is the principal of Karl Bayer Dispute Resolution.  Karl has been a great mentor and role model for Victoria and has an excellent practice. You can learn more about Karl and his practice here.  We are all looking forward to Karl’s active participation in the group after he finishes up with a rather grueling, two-month long trial. 

Robert Bear – Robert (CV here) is the owner of RAB Actuarial Solutions, where he offers his services as a consulting actuary, reinsurance consultant and insurance and reinsurance arbitrator. Before forming RAB, Robert was a Senior Vice President and Chief Actuary at PXRE Group Ltd. Robert brings a lot of experience to bear, including experience in the actuarial field, which is relevant to both insurance and reinsurance dispute resolution.  Indeed, panels of actuaries like Robert are sometimes called upon to resolve actuarial disputes pursuant to commutation clauses in reinsurance contracts, and individual actuaries also serve as members of regular reinsurance arbitration panels resolving less arcane reinsurance disputes.  Once you think you really understand the reinsurance business, go talk to an actuary!

Commercial and industry ADR is a broad topic and covers the spectrum from arbitrations and mediations arising out of general, commercial contracts through more specialized forms of dispute resolution used by various industries, including the reinsurance, maritime, telecommunications, securities, financial services, construction industries and others.  We also consider labor and employment arbitration and mediation to be within this spectrum. 

Topics of group discussion may include, but are not limited to, practice and procedure under the Federal Arbitration Act, the New York Convention, the Panama Convention and state arbitration statutes; recent state and federal case law and legislative developments, including the Arbitration Fairness Act of 2009 and other proposed anti-arbitration legislation; news and events pertinent to commercial and industry ADR; international commercial and industry arbitration; the mediation and arbitration process; class arbitration; domestic and international arbitration and mediation organizations and societies and their rules; arbitration and mediation strategies for parties, arbitrators and mediators; industry-specific arbitration practices and procedures; labor arbitration; employment arbitration and mediation; arbitration and mediation technology; proposals for improvement of the process; arbitrator and mediator ethics; confidentiality; and other issues pertinent to commercial and industry ADR. 

Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of  ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; and law students and other students of commercial and industry ADR.  The purpose of the group is information sharing and professional networking, not job searching or marketing.  Job postings, if any, should be listed in the Jobs Section (as opposed to the Discussion Section). 

If you are already a member of LinkedIn, please click here to apply for membership in the Group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not have to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group.  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join us and participate in the discussions! 

[Editor’s note:  For a good book on using LinkedIn as a networking tool, read Jan Vermeiren, How to Really Use LinkedIn (Booksurge 2009).  There are also a number of other books on the subject available at Amazon.com or your local bookstore.]

Introducing Loree Reinsurance and Arbitration Law Forum Guest Blogger Peter A. Scarpato, Esq.

May 14th, 2009 General, Guest Posts, Mediation, Reinsurance Mediation 2 Comments »

This week we are delighted and honored to feature Peter A. Scarpato, Esq. as a guest blogger on the Forum.  I have known Peter since 1990, when he was the General Counsel of American Centennial Insurance Company in run-off, and I was an associate at Miller, Singer, Raives & Brandes, P.C.   We have stayed in touch over the years and have worked together on matters where Peter was the key client contact, both at American Centennial, and later, at the American International Group. 

Currently the President of Conflict Resolved, LLC, Peter is a full-time ADR professional who has extensive experience as an arbitrator, umpire, counsel, mediator and negotiator in hundreds of reinsurance and other commercial disputes, settlements and commutations.  He is a run-off specialist for all forms of property and casualty insurance and reinsurance; warranty; surety; and various types of program business.  He is an ARIAS-U.S. certified arbitrator and mediator who also holds ADR certifications or positions for FINRA Dispute Resolution (formerly the National Association of Securities Dealers (NASD));  Executive Mediator Services; Reinsurance Association of America (RAA); Construction Dispute Resolution Services LLC; the United States District Court for the Eastern District of New York; New York State Supreme Court – Commercial Division; and Case Closure, LLCContinue Reading »

Update: Another Way to Subscribe to the Loree Reinsurance and Arbitration Law Forum

May 3rd, 2009 Feed, General, Subscribe Comments Off on Update: Another Way to Subscribe to the Loree Reinsurance and Arbitration Law Forum

Further to our post of earlier today, here is yet another way to subscribe to the Forum.  The following steps allow you to subscribe to our feed through the Favorites section of your Internet Explorer (“IE”) browser.  Whether or not they will work for other browsers is beyond my ken: 

  1. Click on this link:  http://feeds2.feedburner.com/Loreelawfirmcom
  2. When the feed page appears, click on View Feed XML
  3. When the new feed page appears, click on Subscribe to this feed

You should now be able to access the feed by clicking on the star-shaped icon at the left side of one of your IE toolbars and selecting Feeds.

Good luck!

How to Subscribe to the Loree Reinsurance and Arbitration Law Forum

May 3rd, 2009 Feed, General, Subscribe Comments Off on How to Subscribe to the Loree Reinsurance and Arbitration Law Forum

If you are interested in viewing the Forum via a Real Simple Syndication (“RSS”) feed, subscribing is very easy (and, of course, free).  Click on the following link:  http://feeds2.feedburner.com/Loreelawfirmcom.   You’ll see a feed page and can subscribe through Google or another reader service through the links provided on that page. 

Outlook 2007 has a very useful feature that allows you to receive e mails containing our posts and those of other blogs.   First, copy the feed URL (http://feeds2.feedburner.com/Loreelawfirmcom), and in Outlook go to Tools –> Account Settings –> RSS Feeds –> New.  Hit the Control key (Ctrl) together with the letter v (i.e., Ctrl-v) and the URL will be pasted in the space provided in the pop-up window.  Click OK and you’ll see an RSS Feed Options window.  Click OK and you will receive e mails containing several of our prior posts and new e mails as new items are posted.   

Good luck!

Arbitration Fairness Day: Read Our Guest-Blog Post in Disputing!

April 27th, 2009 General, Legislative Developments Comments Off on Arbitration Fairness Day: Read Our Guest-Blog Post in Disputing!

You can read our Arbitration Fairness Act guest-blog post (available here) on Victoria Van Buren’s excellent ADR blog, Disputing.   Look for Victoria’s guest-blog post on manifest disregard of the law next week in the Loree Reinsurance and Arbitration Law Forum.

Coming Soon: Guest Blogging, Some Interesting Posts, and Arbitration Fairness Day

April 26th, 2009 General, Legislative Developments, Life Reinsurance, United States Court of Appeals for the Second Circuit Comments Off on Coming Soon: Guest Blogging, Some Interesting Posts, and Arbitration Fairness Day

From time-to-time the Loree Reinsurance and Arbitration Law Forum will be featuring guest bloggers.  We are honored that Victoria Van Buren of Disputing has accepted our invitation to guest blog, and expect within the next week or so to feature her post concerning Fifth Circuit standards of review under Section 10(a)(4) of the Federal Arbitration Act in the wake of Citigroup Global Markets, Inc. v. Bacon, ___ F.3d ___ (5th Cir. 2009), in which the Court held that manifest disregard of the law is no longer an independent ground for vacatur under the Federal Arbitration Act.  We expect that Victoria will be submitting other guest blog posts in the future, and look forward to featuring them.  We shall also be inviting others to guest blog here at the Forum.   Continue Reading »

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 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 »