On April 28, 2009 we published “ReliaStar Life Insurance Co. v. EMC National Life Co.: Critical Analysis of an Important Reinsurance Arbitration Decision,” available here. On July 13, 2009 the London-based Global Arbitration Review published an interesting article about the Second Circuit’s decision in ReliaStar, which quoted from our critical analysis:
Writing shortly after the appeal court’s decision, Philip Loree Jr of New York firm Loree & Loree, said the court had “violated New York contract interpretation rules.” He said that, according to New York law, “to ascertain whether a contract is ambiguous, courts are required to focus on what is said, not what is omitted.” “Given that the pre-eminent purpose of the Federal Arbitration Act is to enforce the parties’ arbitration agreement as written, this case may be one of those rare Second Circuit decisions that warrant rehearing and reversal en banc,” he added.
You can find the article (subscription only) here: ‘Bad Faith’ Costs Decision Upheld, Global Arbitration Review, July 13, 2009, our summary of the decision here, our critical analysis here, and further commentary here. Disputing’s coverage of the case can be found here and here.
Tags: Arbitrability, Arbitrator Fees, Attorney Fees, Disputing, Federal Arbitration Act, Global Arbitration Review, Philip J. Loree Jr., ReliaStar Life Ins. Co. v. EMC National Life Co., United States Court of Appeals for the Second Circuit
Well done Phil, as usual.
Don,
Thanks for your kind words!
Phil