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Introduction to Reinsurance.pdf - Prince Lobel

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Agreements <strong>to</strong> Arbitrate and<br />

Confidential Proceedings (Cont.)<br />

<br />

The vast majority of reinsurance treaties contain manda<strong>to</strong>ry<br />

arbitration clauses but many facultative agreements do not.<br />

Most arbitrations are conducted pursuant <strong>to</strong> the Federal<br />

Arbitration Act but state Acts may govern in some<br />

instances.<br />

Three-person arbitrations panels are commonly used.<br />

So-called “honorable engagement” clauses are common<br />

and relieve the panels from following the strict rules of<br />

procedure or application of law.<br />

Panels often do not issue reasoned awards.

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