When a key piece of evidence is left out of an arbitration decision, can the award be challenged retrospectively? It’s a question pondered by Larry Schiffer of Patton Boggs in this recent blog post.
He draws on a recent U.S. district court case from New York, where two insurance companies requested relief from an arbitration award that had already been confirmed in court. The dispute was originally over asbestos losses and there was a question of interpretation over certain clauses at arbitration. “The arbitration panel found the meaning of the First Advised Clause to be ambiguous and accepted the cedent’s position that the clause had no application to the asbestos claims in the arbitration,” explains Schiffer.
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