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- Title
INSURANCE--REINSURANCE--PARTY-- APPOINTED ARBITRATOR--ARBITRATOR DISQUALIFICATION--NEW YORK.
- Abstract
This article focuses on the court case filed by Instituto de Resseguros do Brasil (IRB) against First State Insurance Co. First State Insurance Co. entered into a reinsurance treaty with various reinsurers, including the IRB. A dispute arose when some of the reinsurers suspended payment. First State demanded arbitration pursuant to the treaty, which also provided for the creation of a tripartite panel. IRB objected to the person First State selected to do its arbitrator on the ground that the individual had heard and made a determination as First State's party-appointed arbitrator in a similar dispute between First State and another reinsurer under the treaty. The appellate court unanimously affirmed the lower court's dismissal of the petition for arbitrator disqualification. It determined that IRB's arguments were without merit with respect to a party designated member of a tripartite arbitration tribunal. The court concluded by stating that it would appear to be bargained-for contractual right to select the same arbitrator to sit on each tribunal considering similar, perhaps even related cases.
- Subjects
UNITED States; INSTITUTO de Resseguros do Brasil (Company); FIRST State Insurance Co.; REINSURANCE; LABOR arbitration; ACTIONS &; defenses (Law)
- Publication
Arbitration Journal, 1993, Vol 48, Issue 1, p90
- ISSN
0003-7893
- Publication type
Article