A. Factual Background
The underlying dispute that gave rise to this arbitration stems from a contract for reinsurance (the “Treaty”) between National Union and Meadowbrook. The Treaty required both parties to submit any reinsurance disputes to a three-member arbitration panel that would “make its decision with regard to the custom and usage of the insurance and reinsurance business” after entertaining evidence and conducting a hearing. The majority decision of the panel was to be final and binding upon all parties to the proceeding, and either side could seek judicial confirmation in any court of competent jurisdiction. Meadowbrook initiated this arbitration in February 2011 to settle matters surrounding its alleged practice of overbilling National Union for certain reinsurance programs.
As is customary in the reinsurance industry, the arbitration clause from the Treaty established a tripartite method of arbitration. Under this system, the panel was to be comprised of “two arbitrators and an umpire” who were “active or retired disinterested officials of the insurance or reinsurance companies, or Underwriters at Lloyd’s, London, not under the control of either party to this Agreement.” Each party was to appoint its own arbitrator, and then the two party-appointed arbitrators would select a neutral umpire. In the event that the party-appointed arbitrators disagreed in selecting an umpire, each side was to submit a list of three candidates, from which the opposing arbitrator would strike two. The umpire would then be chosen by lot from the remaining name on each list.
Judge(s): Guy Cole
Jurisdiction: U.S. Court of Appeals, Sixth Circuit
Related Categories: ADR , Civil Procedure , Civil Remedies , Communications , Conflict of Laws , Construction , Contracts , Damages , Education , Employment , Energy / Utilities , Government / Politics , Immigration , Insurance , International , Property
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Michael Conway||Foley & Lardner LLP|
|Jonathan Garlough||Foley & Lardner LLP|
|Scott Seabolt||Foley & Lardner LLP|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Keefe Brooks||Brooks Wilkins Sharkey & Turco PLLC|
|Stephanie Douglas||Bush Seyferth & Paige PLLC|