Special Focus

SPECIAL FOCUS: THIRD CIRCUIT TELENOR DECISION REGARDING THE PRECLUSIVE EFFECT OF A COLLUSIVE FOREIGN COURT JUDGMENT AND THE NECESSITY FOR A TRIAL TO DETERMINE THE ARBITRABILITY OF A DISPUTE

November 2, 2009 by Carlton Fields

On October 26, 2009 we posted a brief item on Telenor Mobile Communications AS v. Altimo Holdings & Investments Limited, 07-4974 (2d Cir. Oct. 8, 2009), in which the Third Circuit held that: (1) the district court did not err in not holding a trial to determine whether a dispute before it was arbitrable based upon a dispute as to whether the person who signed the contract containing an arbitration provision had apparent authority to sign the document on behalf of a corporate party, when the factual record clearly demonstrated that the signer had apparent authority to do so; and (2) the district court did not act in manifest disregard of law by confirming an arbitration award that failed to give preclusive effect to a collusive judgment of a Ukrainian court adjudicating an issue before the arbitration panel. Blogmaster Rollie Goss submits a more detailed SPECIAL FOCUS post on this interesting case.

This post written by Rollie Goss.

SPECIAL FOCUS: NAIC REINSURANCE REGULATION PROPOSAL

October 20, 2009 by Carlton Fields

Last month we posted a short item on the progress of the NAIC’s reinsurance regulation proposal at its Fall Meetings. We now present a Special Focus feature, providing additional context and detail with respect to the NAIC’s actions.

This post written by Rollie Goss.

SPECIAL FOCUS: EXPANDED VIEW OF ARTHUR ANDERSEN V. CARLISLE

August 24, 2009 by Carlton Fields

Blogmaster Roland Goss is now a regular contributing editor to Harris Martin's Reinsurance publication, contributing articles on arbitration-related issues. We publish his first contribution to Reinsurance here, which is an expanded look at the Supreme Court's decision in Arthur Andersen v. Carlisle, which we previously posted on. The article describes the Circuit conflict that gave rise to this opinion as well as the Court's holding that a non-party to an arbitration agreement may appeal the denial of a motion to stay pending arbitration under the Federal Arbitration Act.

This post written by Rollie Goss.

SPECIAL FOCUS: WHEN IS IT APPROPRIATE TO SEAL COURT DOCUMENTS?

August 10, 2009 by Carlton Fields

Special Focus editor John Pitblado writes about the circumstances under which it is appropriate to seal court documents, including business-related documents filed with a court. While the principles involved are fairly clear, their application varies from case to case.

This post written by John Pitblado.

SPECIAL FOCUS: NAIC'S REINSURANCE REGULATORY MODERNIZATION ACT

June 29, 2009 by Carlton Fields

The NAIC's Reinsurance Regulatory Modernization Act was supposed to be the solution for the problems surrounding the regulation of reinsurance and the role of collateral in reinsurance transactions. SPECIAL FOCUS Editor John Pitblado describes the critical comments received to the exposure draft of the proposed federal legislation, the consitutional issues involved and the current status of this initiative, in Constitutional Concerns with the Reinsurance Regulatory Modernization Act.

This post written by John Pitblado.