“Reinsurance disputes have traditionally been resolved by a panel of arbitrators pursuant to an arbitration clause. The system is tried and tested, but not always seen as the most beneficial to one or more parties once a dispute arises,” writes Jeffrey L. Kingsley, a partner in Goldberg Segalla’s Global Insurance Services Practice Group, in this column for Reinsurance magazine.
“With increasing frequency, a party will proceed to court in an attempt to secure relief in the judicial system over arbitration. It has thus become ever so important to understand the jurisdictions where a dispute could be venued. Strategic and practical decisions can then be made with respect to seeking or opposing arbitration.”