Notes from a Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons for Selection of Dispute Resolution Forums and Methods

26 Pages Posted: 4 Dec 2017

See all articles by Jeffrey W. Stempel

Jeffrey W. Stempel

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: 2017

Abstract

Arbitration between insurers and reinsurers – those who insure insurance companies – should logically run as smoothly as any arbitration process. Like the traditional commercial arbitration that drove enactment of the Federal Arbitration Act, reinsurance arbitration involves experienced actors in a confined industry in which the parties should be constructively aware of the rules, norms, customs and practices of the industry. But in spite of this, reinsurance arbitration experiences consistent problems of which the participants complain. This article reviews the complaints and exams possible solutions – including the possibility of arbitrating less and litigating more. Although these possible solutions would seem to have enough merit for at least some experimentation, reinsurers and insurers are unlikely to stray far from the existing arbitration system in spite of its shortcomings.

Keywords: Federal Arbitration Act, alternative dispute resolution, arbitration, reinsurance

Suggested Citation

Stempel, Jeffrey W., Notes from a Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons for Selection of Dispute Resolution Forums and Methods (2017). 9 Arbitration Law Review 93 (2017); UNLV William S. Boyd School of Law Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=3081055

Jeffrey W. Stempel (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States
702-895-2361 (Phone)
702-8952482 (Fax)

HOME PAGE: http://law.unlv.edu

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