Reinsurance Review - August 2010

Reinsurance Review - August 2010

August 1, 2010

In this month’s edition:

  • 11th Circuit Compels Arbitration in Contract Dispute Between Bank and Law Firm Despite Contention that Bank Waived its Right to Elect Arbitration by Participating in the Action
  • Relying on the Supreme Court’s holding in Stolt-Nielsen, Second Circuit Determines that Arbitration Clause is Unconscionable
  • Fourth Circuit Determines That Legally Objectionable Behavior By Counsel Is Not Enough To Overturn Arbitration Award
  • Sixth Circuit Determined that Bank Waived Arbitration Agreement By Actively Litigating Dispute
  • Supremacy Clause and Federal Arbitration Act Supersedes Michigan Statute Prohibiting Out-of-State Arbitrations
  • Applying Supreme Court’s Standard in Hall Street, District Court Rejects Claim That Arbitration Panel Manifestly Disregarded The Law
  • District Court Denies Application to Certify “Follow The Settlements” Issue