International Trade Insurance Alternative Dispute Resolution (ADR)

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
News & Analysis as of

Separate trials of liability and quantum in an insurance context

In Fortescue Metals Group Ltd v Underwriting Members of XL Syndicate 1209 at Lloyd’s for the 2004 and 2005 Underwriting Years of Account [2014] WASC 422, the Supreme Court of Western Australia considered whether to order the...more

Court Confirms Award Over Arguments Of “Manifest Disregard,” “Evident Partiality,” And “Corruption”

A transported liquid chemical had been found degraded after shipping from Texas to South Korea. The chemical company contended that the shipper was responsible for the losses as samples taken from the chemical prior to its...more

Seventh Circuit Declines To Require Pre-Pleading Security From Uruguay’s State-Owned Reinsurer And Refuses To Compel Arbitration

The Plaintiff, Pine Top Receivables of Illinois, LLC brought an action in Illinois federal court against Banco de Seguros del Estado, an entity wholly owned by Uruguay. Pine Top claimed that Banco de Seguros owed Pine Top...more

District Court Applies New York Convention, Denies Motion To Dismiss Petition To Compel Arbitration

In late July, a New York federal court denied Harris Corporation’s (“Harris”) motion to dismiss for lack of subject-matter jurisdiction. The motion sought to dismiss HBC Solutions Inc.’s (“HBC”) Amended Petition to Compel...more

Accidents Outside Ontario - Where Do You Still Qualify for Accident Benefits?

The Financial Services Commission of Ontario ('FSCO") decision by Arbitrator Osundi in Jama and Aviva Canada Inc. (FSCO A13-004308) (“Jama”) is the most recent decision considering the territorial limits of the Statutory...more

Federal District Court Upholds Foreign Reinsurer’s Right To Remove Action To Federal Court

The Court for the Middle District of Louisiana upheld a magistrate’s ruling denying a motion to remand filed by the Louisiana Commerce and Trade Association of Self Insurer’s Fund (“LCTA”), holding that the defendant foreign...more

Is It Time To Include Mandatory Arbitration Clauses In All Reinsurance Policies? Mandatory Clauses Could Avoid Unnecessary Future...

Recent reports on the continued easing of collateral requirements for non-US reinsurers that operate in the US, raise the question: with the anticipated, increased presence of non-US reinsurers state-side, will more...more

How To Navigate London's Aviation Insurance Claims Process

Maintaining appropriate insurance is critical for the entire aviation industry. Many US-based airlines, aircraft owners/financiers, and aircraft lease servicers devote significant resources at the front end, setting up their...more

Common Policyholder Pitfalls When Navigating London Aviation Insurance Claims

Maintaining appropriate insurance is critical for the entire aviation industry. Many US-based airlines, aircraft owners/financiers, and aircraft lease servicers devote significant resources at the front end setting up their...more

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich....more

Illinois Federal Court Bars Assignee Of Claims Under A Reinsurance Treaty From Invoking Arbitration Clause

Pine Top Receivables of Ill., Inc. v. Banco de Seguros Del Estado, No. 12 C 6357, 2013 U.S. Dist. LEXIS 81516, 2013 WL 2574596 (N. D. Ill. June 11, 2013). An Illinois federal court granted a reinsurer’s motion to...more

Reinsurance Newsletter - September 2013

RECENT CASE SUMMARIES - GOOD NEWS FOR ARBITRATORS FROM THE SUPREME COURT? Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013). In a non-reinsurance case, the United States Supreme Court recently...more

Patton Boggs Reinsurance Newsletter - June 2013: Illinois Federal Court Dismisses Cedent’s Assignee’s Pre-answer Security Request...

Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12 6357, 2013 U.S. Dist. LEXIS 15246; 2013 U.S. Dist. LEXIS 28040 (N. D. Ill. Feb. 5 & 25, 2013). An Illinois federal court in two decisions...more

Patton Boggs Reinsurance Newsletter- March 2013: Illinois Federal Court Refuses to Strike a Motion to Dismiss on Foreign Sovereign...

Doing reinsurance business with non-U.S. reinsurers owned by foreign governments often raises interesting issues of enforcement and collection. In this case, a receiver of an insolvent reinsurer sold and assigned its...more

State of Washington v. James River Insurance Company – What Impact on Bermuda Insurers?

The short answer is – none. State of Washington, Dept. of Transportation v. James River Insurance Company, – P.3d –, 2013 WL 258877 (Wash. January 24, 2013), a January 2013 decision of the Washington State Supreme...more

Patton Boggs Reinsurance Newsletter - December 2012: New York Federal Court Confirms Arbitration Awards for Cedent

A New York federal court granted a cedent’s petition under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to confirm multiple arbitration awards in its favor, denied cross-petition to vacate the...more

Patton Boggs Reinsurance Newsletter - September 2012

In This Issue: RECENT CASE SUMMARIES - ..Second Circuit Affirms Insured Has No Direct Right of Action Against Reinsurer Absent “Cut- through” Provision Callon Petroleum Co. v. Nat’l Indemnity Co., 11-241-cv,...more

Reinsurance Redux - May 2012

In This Issue: - Reinsurer’s Obligation to Provide Coverage to Reinsured Not Contingent Upon Exhaustion of Limits of Primary Policy In granting an insurer’s motion for judgment on the pleadings, the United States...more

Reed Smith Shipping Group Monthly Bulletin - June 2011

In This Issue: ARBITRATION...4 A party cannot challenge the jurisdiction of a tribunal where its arbitration claim has already been dismissed by the court...4 France revises Arbitration Law...4 COMPANY...more

JAMS Global Construction Solutions - Volume 4, No. 1 - Winter 2011

In This Issue: Success in Claim Resolution and Mediation: The Insurance Component; The Future of Construction Arbitration; Good Faith in the Negotiation, Performance and Enforcement of Construction Contracts; Arbitration...more

An English/Bermuda Law Guide to Anti-Suit Injunctions

Insurers and reinsurers take great care in selecting the forum for the resolution of disputes with their (re)insureds. The Bermuda Policy Form is a classic example of this, requiring disputes to be arbitrated in either London...more

21 Results
|
View per page
Page: of 1

Follow International Trade Updates on: