Legal Opinion
In re the Petition for the Appointment of an Umpire in the Arbitration between American Home Assurance Co. & Clearwater Insurance
New York Supreme Court
Decided January 15, 2013Published
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
Pursuant to CPLR 7504 and 9 USC § 5, petitioners seek appointment of an umpire (or a third arbitrator, as the case may be) to preside over arbitrations in accordance with three reinsurance treaties between petitioners and respondent. Respondent opposes the petition, and asserts, in the alternative, a “cross claim” requesting that any umpire (or third arbitrator, as the case may be) to be appointed be selected from among respondent’s list of individuals.
Background
Article XVII of Addendum No. 1 to Treaty No. 7532 states, in pertinent part:
“All disputes…
2Cases cited9 opinions
- Encyclopaedia Universalis S.A. v. Encyclopaedia Britannica, Inc., Docket No. 04-0288-CvCourt of Appeals for the Second Circuit · 2005
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- Travelers Indemnity Co. v. Orange and Rockland Utilities, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- In re the Arbitration between Delma Engineering Corp. & K & L Construction Co.New York Court of Appeals · 1958
- In re the Arbitration between Delma Engineering Corp. & K & L Construction Co.Appellate Division of the Supreme Court of the State of New York · 1958
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