1. PROBLEMS WITH REINSURANCE ARBITRATIONS AND HOW TO ADDRESS THEM

2. PARTIALITY OF ARBITRATORS IN MASSACHUSETTS © 2009 Andrew Ian Douglass Morrison Mahoney LLP The opinions expressed herein are those of the author and not necessarily those of Morrison Mahoney LLP or of any of its clients.

3. GENERAL RULES Panel decision likely to be binding if no misconduct Panel’s interpretation of arbitration rules also binding

4. MISCONDUCT Acting outside the authority granted in the arbitration clause of the agreement Possibly, acting outside the rules of the arbitration association if cited in the arbitration clause

5. MISCONDUCT (CONT’D) Refusing to admit or hear evidence material to the claim Evident partiality among neutrals Corruption of arbitrators

6. NOT MISCONDUCT: Failure to timely provide reasons for award when requested Awarding attorneys fees Awarding monetary sanctions against counsel for non-cooperation Refusing to re-open hearing, where counsel already had opportunity to present evidence at original hearing

7. EVIDENT PARTIALITY What is: bias, personal or financial interest in outcome, non-disclosure of part or present relationships with parties & counsel What isn’t (pretty much everything else) The duck theory of law

8. CORRUPTION OF THE ARBITRATORS What isn’t: –Nominating counsel for one party to a position in a trade association –Conviction for larceny in an unrelated case