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Posts Tagged ‘Insurance Co. of North Am. v. Public Serv. Mut. Ins. Co.’

The Second Circuit Says an Arbitration Must Commence Anew When An Arbitrator Dies — But Not When One Resigns

July 10th, 2010 Arbitration Practice and Procedure, Arbitrator Vacancy Comments Off on The Second Circuit Says an Arbitration Must Commence Anew When An Arbitrator Dies — But Not When One Resigns

I.   Introduction

The United States Court of Appeals for the Second Circuit has held that, “absent special circumstances,” a new panel must be convened when a party-appointed arbitrator dies before the panel renders a final award.  See Marine Products Export Corp. v. M.T. Globe Galaxy, 977 F.2d 66, ___ (1992).   But in Insurance Co. of North Am. v. Public Serv. Mut. Ins. Co., ___ F.3d. ___, slip op. (2d Cir. June 23, 2010) the Court held that when a vacancy is caused by an arbitrator’s resignation, a new panel need not be convened and the trial court may either appoint an arbitrator pursuant to 9 U.S.C. § 5, or direct one of the parties to do so.  Continue Reading »