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Navigating through the Ethical Thicket in Reinsurance Arbitrations

ARIAS•U.S. Quarterly
March 3, 2011

Zelle Hofmann Partner Wm. Gerald McElroy, Jr. authored the feature article entitled "Navigating through the Ethical Thicket in Reinsurance Arbitrations," published in the First Quarter issue of ARIAS•U.S. Quarterly (Volume 18, Number 1).

Ethical issues continue to be a hot topic with respect to reinsurance arbitrations — in large part because of concerns about the fairness of the arbitration process. Consideration of ethical issues in reinsurance arbitrations is important to enhance the fairness and integrity of the process. In addition, as reflected in recent judicial decisions, the courts have (rightly or wrongly) become more active in vacating awards because of purported ethical violations. An understanding of ethical issues is thus important to avoid having awards vacated and the attendant time and expense involved in going through another arbitration.

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