arbitration, efficiency, cost-effectiveness, consolidation, non-party discovery, confidentiality, summary adjudication, hold harmless agreements
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: https://ir.lawnet.fordham.edu/ulj/vol35/iss1/3