This Article examines emerging areas of the law governing the following procedural powers of arbitrators that impact reinsurance arbitrations, as well as other commercial disputes: (i) consolidation; (ii) non-party discovery; (iii) confidentiality; (iv) summary adjudication; and (v) the enforceability of a hold harmless agreement. Inconsistency in judicial interpretation of arbitral powers significantly impacts the cost-effectiveness and overall efficiency of arbitration -- reasons the parties seek to arbitrate their commercial disputes in the first place.
Robert W. DiUbaldo,
Evolving Issues in Reinsurance Disputes: the Power of Arbitrators,
35 Fordham Urb. L.J. 83
Available at: http://ir.lawnet.fordham.edu/ulj/vol35/iss1/3