Issues of arbitral procedure belong to arbitrators, not courts. In 2002, the Supreme Court's opinion in Howsam identified as exceptions to this rule only two, "gateway" issues of arbitrability: "whether the parties are bound by a given arbitration clause" and "whether an arbitration clause in a concededly binding contract applies to a particular type of controversy." In all nine of its subsequent decisions related to arbitration and the Federal Arbitration Act ("FAA"), the Supreme Court has consistently maintained the strong federal policy favoring arbitration and the restricted nature of judicial involvement in and review of arbitral awards. Likewise, federal courts of appeal have uniformly rejected invitations to intrude into pending arbitrations, including attempts to disqualify sitting arbitrators. Against this body of law stands a recent decision in which a federal district court interrupted a pending arbitration, over four years after its commencement and shortly before the hearing on the merits, to decide an issue of arbitral procedure and enjoin a party from using its chosen party-arbitrator. Trustmark Insurance Co. v. John Hancock Life Ins. Co., No. 09 C 3959, 2010 U.S. Dist. LEXIS 4698 (N.D. Ill. Jan. 21, 2010) (appeal pending) ("Trustmark II"). Trustmark II is more than aberrational, it is simply wrong.
Bill Goddard will be speaking on a panel, "Future of Insurance and Innovation," at InsuranceConnect 2019, a conference being held at VisionLoft Insurance Services in Indianapolis, IN.
Bill Goddard will be having a one-on-one dialogue with New York Department of Financial Services Special Deputy Superintendent and head of the New York Liquidation Bureau, David Axinn, about current insurance receivership issues in New York and elsewhere at the International Association of Insurance Receivers (IAIR) and Association of Insurance & Reinsurance Run-Off Companies (AIRROC) Joint Issues Forum in New York, NY on Saturday, August 3.
Bill Goddard will be speaking on "Restructuring Mechanisms" at the Eighth Annual Symposium on Insurance Regulation, presented by the Financial Examiners Educational Foundation (FEEF) and held in New York, NY on Friday August 2.
Day Pitney Alert
Bill Goddard will moderate a panel, entitled "Liability & Regulatory Issues in Cybersecurity," at the National Organization of Life and Health Insurance Guaranty Associations (NOLHGA) 27th Annual Legal Seminar in Boston, MA.
Dan FitzMaurice co-authored a roundtable symposium article, "Establishing and Maintaining an Arbitration Practice," published in the 3rd Quarter 2019 issue of ARIAS•U.S. Quarterly.
Day Pitney Press Release
Day Pitney LLP's representation of HDI Global Insurance Co. (HDI) was noted in an article, "1st Circ. Brushes Off Dental Co.'s Insurance Claim For TM Suit," published by Law360.
David Doot, Steven Cash and James Blackburn, IV authored an article, "Risk and Opportunity with the Industrial Internet of Things," which was published in the July-August 2019 issue of The Journal of Robotics, Artificial Intelligence & Law.
Day Pitney Press Release