Preclusive Effect Of Arbitration Must Be Arbitrated: 1st Circ.

Law360, Los Angeles (February 26, 2014, 10:01 PM EST) -- In a dispute between insurance companies, the First Circuit held on Wednesday that the preclusive effect of an earlier arbitration, even when it has been confirmed by a federal court order, should still be decided by an arbitrator and not by the courts.

OneBeacon American Insurance Co. had a program called Multiple Line Excess Cover, under which it annually entered into reinsurance contracts with various reinsurers.

In 2007, the company demanded arbitration under its MLEC contracts with Swiss Reinsurance America Corp., seeking losses arising out of claims against...
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