Party-Appointed Arbitrators: Is There a Duty of Advocacy?

[Editor's note: Larry P. Schiffer is a partner in the New York office of Dewey & LeBoeuf LLP. He practices in the areas of insurance and reinsurance dispute resolution, and regularly speaks and writes on insurance and reinsurance issues. Eric A. Foley, a third-year student at the University of Pennsylvania Law School, was a 2008 summer associate at Dewey & LeBoeuf LLP.]

Introduction

The subject of party-appointed advocate arbitrators, particularly in reinsurance arbitrations, has garnered the attention of much scholarship and commentary over the years. The bulk of this discourse debates the desirability of partisan, non-neutral arbitrators, particularly as compared …