Reinsurance Arbitration Clauses – Where The Courts Find Problems

The author gratefully acknowledges and thanks Marissa J. Savit, an attorney at Dewey & LeBoeuf LLP, for her research and initial drafting of this article. This article was presented at the American Bar Association's Annual Meeting on August 9, 2008, at a program entitled "Building a Better ADR Clause: An Inter-Disciplinary Approach," sponsored by the Excess, Surplus Lines & Reinsurance Committee of the Tort, Trial & Insurance Practice Section, which was co-chaired by the author.

Introduction

One way to improve the alternative dispute resolution process is to examine the disputes about alternative dispute resolution clauses that find their way into court. Typically, a court proceeding over the interpretation of a provision in an alternative dispute resolution clause arises because of some ambiguity or lack of clarity in the clause that the parties now need the court to sort out. Those provisions