Evident Partiality and Repeat Players in Reinsurance Arbitrations

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Earlier this year, the United States Supreme Court denied certiorari in an arbitration case where the Ninth Circuit Court of Appeals vacated an arbitration award based on a failure to disclose ownership interest in the ADR provider and the ADR provider’s having administered a significant number of arbitrations for one of the parties to the underlying dispute (the “repeat player” issue). There have been many articles and blog posts on this case, but I thought I would revisit the issue in the context of reinsurance disputes where repeat players are not unusual.

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