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Featured Articles

Restoring Confidence in the Reinsurance Arbitration Process – A Critical Assessment (by Bruce M. Friedman and Gerald A. Greenberger) Friedman and Greenberger detail what they contend are two principal factors “that threaten to eliminate the remaining advantages that arbitration offers over litigation.” First, the willingness of arbitration panels to apply the judicial expansion of the scope of the “follow the settlements” doctrine; second, a certain amount of institutional and arbitrator partiality.  To counteract these developments, the authors offer a few suggestions: establishing a pool of “umpire only” candidates or retired judges, requiring reasoned awards and publishing those (redacted) awards in a central repository and greater arbitrator disclosure, and more.

How Reinsurance Arbitrations Can be Faster, Cheaper and Better (Revisited) (by Robert M. Hall) Hall presents an “action plan” for remedying what he sees as some of the more significant problems with the reinsurance arbitration process. The suggestions include, for example, requiring reasoned awards, written statements submitted to the panel prior to the hearing followed by live cross- and redirect-testimony, neutral panels and more direction from the arbitration panel as to procedural issues.

Some Misleading Influences on the Reading of Reinsurance Contracts – A Plea for Express Intent (by Graydon S. Staring) Staring advocates standards for consistent interpretation of common reinsurance contract terms, and supplies a scholarly explanation of the reasons for misinterpretations. (Link to profile.)

Reinsurance Arbitrations in a Sub-Prime Era (by Debra J. Hall and Robert M. Hall) The authors provide readers with explanations of certain problems that are currently generating financial guaranty and mortgage-related insurance disputes and examples of issues in current disputes.  The authors illustrate the similarities between the financial guaranty and mortgage-related insurance issues and the reinsurance issues that arbitrators are already familiar with.