HarrisMartin Reinsurance Conference Postscript
On September 22-23, 2011, a number of experienced reinsurance industry executives and in-house counsel, and a small group of outside counsel (yours truly included), spoke at the HarrisMartin...
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The Fifth Circuit’s PoolRe Decision: Captives, Insurance, Reinsurance,...
Part I: PoolRe Introduction and Background Introduction Arbitration offers rough justice on the merits. Arbitrators have broad discretion not only in deciding the dispute but in fashioning remedies....
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The Fifth Circuit’s PoolRe Decision: Captives, Insurance, Reinsurance,...
Part II Analysis of the Pool Re Decision If you read Part I you know the arbitration program in PoolRe case was, to put it mildly, inadequate to meet the needs of the multi-party, multi-contract...
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Up Narrow Arbitration Clause Creek without a Papalote?—Narrow Arbitration...
Hang Glider or Papalote I am told “papalote” is a Spanish word meaning “kite” or “hang glider.” It also appears in the name of a party to a recent decision of the U.S. Court of Appeals for the Fifth...
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Does a Clear and Unmistakable Delegation Provision Require the Parties to...
Parties can, and frequently do, agree to include in their contract a so-called “Delegation Provision” that clearly and unmistakably delegates to the arbitrators questions of arbitrability. (See, e.g.,...
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New Clear and Unmistakable Outcome Exception to the Old Clear and...
Arbitration law is replete with presumptions and other rules that favor one outcome or another depending on whether one thing or another is or is not clear and unmistakable. Put differently, outcomes...
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New Clear and Unmistakable Outcome Exception to the Old Clear and...
Part I of this post discussed how the Second and Fifth Circuits, in Metropolitan Life Ins. Co. v. Bucsek, ___ F.3d ___, No. 17-881, slip op. (2d Cir. Mar. 22, 2019), and 20/20 Comms. Inc. v. Lennox...
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Delegation Agreements, Separability, Schein II, and the October 2019 Edition...
There have been a number of important cases decided in 2019 concerning the application and effect of “delegation provisions”—clear and unmistakable agreements to arbitrate arbitrability issues....
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CPR Speaks Publishes Philip J. Loree Jr.’s Post on Schein’s Return to the...
Steps and columns on the portico of the United States Supreme Court in Washington, DC. If you’ve been following our posts on Henry Schein Inc. v. Archer & White Sales Inc., 139 S. Ct. 524 (Jan. 8,...
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Henry Schein Case: CPR Interviews Loree and Faulkner on Supreme Court’s Grant...
Steps and columns on the portico of the United States Supreme Court in Washington, DC. On Monday, June 15, 2020 the International Institute of Conflict Protection and Resolution (“CPR”) interviewed...
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