• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Reinsurance Focus

New reinsurance-related and arbitration developments from Carlton Fields

  • About
    • Events
  • Articles
    • Treaty Tips
    • Special Focus
    • Market
  • Contact
  • Exclusive Content
    • Blog Staff Picks
    • Cat Risks
    • Regulatory Modernization
    • Webinars
  • Subscribe
You are here: Home / Arbitration / Court Decisions / Arbitration Process Issues / NEW YORK SUPREME COURT CREATES A NEW METHOD FOR APPOINTING AN UMPIRE IN AN ARBITRATION

NEW YORK SUPREME COURT CREATES A NEW METHOD FOR APPOINTING AN UMPIRE IN AN ARBITRATION

January 29, 2013 by Carlton Fields

In a dispute between two insurance companies and their reinsurer over appointment of an umpire or third party arbitrator in an arbitration proceeding required by their reinsurance treaties, the New York Supreme Court crafted a new approach for appointing the umpire or third arbitrator. The approach blends the “ranking” method and the “strike and draw” method to require each party’s chosen arbitrator to nominate 5 candidates, strike 3 candidates from the other party’s list, and rank the remaining candidates. The candidate with the highest cumulative rating becomes the umpire or third arbitrator, and in the event of a tie between the highest ranking candidates, a coin toss decides the winner. The court also allowed for the appointment of an umpire at the outset of the arbitral proceedings, concluding that the language in one of the treaties requiring the two chosen arbitrators to select an umpire “in the event of the arbitrators failing to agree” does not create a condition precedent to appointment of the umpire. American Home Assurance Co. v. Clearwater Insurance Co., No. 653079/2012 (N.Y. Sup. Ct. Jan. 15, 2013).

This post written by Abigail Kortz.

See our disclaimer.

Filed Under: Arbitration Process Issues, Week's Best Posts

Primary Sidebar

Carlton Fields Logo

A blog focused on reinsurance and arbitration law and practice by the attorneys of Carlton Fields.

Focused Topics

Hot Topics

Read the results of Artemis’ latest survey of reinsurance market professionals concerning the state of the market and their intentions for 2019.

Recent Updates

Market (1/27/2019)
Articles (1/2/2019)

See our advanced search tips.

Subscribe

If you would like to receive updates to Reinsurance Focus® by email, visit our Subscription page.
© 2008–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · Disclaimers and Conditions of Use

Reinsurance Focus® is a registered service mark of Carlton Fields. All Rights Reserved.

Please send comments and questions to the Reinsurance Focus Administrators

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions.