Arbitrator, Not Court, Should Decide Arbitrability of Reinsurance Dispute, Maine Federal Judge Rules

AUGUSTA, Maine — An arbitrator, rather than the court, should decide whether a reinsurance dispute is arbitrable because the parties “clearly and unmistakably” contractually agreed that such issues should be arbitrated, a Maine federal judge ruled in adopting a magistrate judge’s recommendations.

On Feb. 25, Judge D. Brock Hornby of the U.S. District Court for the District of Maine concluded that the arbitration clause, which encompasses “all disputes between the parties relating in any way to the execution . . . of the agreement,” also applies to issues of arbitrability.

Defendants Applied Underwriters Inc., Applied Risk Services Inc., and Applied …