Umpire Must Be Appointed Before Proceedings Begin, N.Y. State Judge Rules

NEW YORK - In a case in which a reinsurance treaty provides for appointment of an umpire by two party arbitrators “in the event of the arbitrators failing to agree,” the umpire should be selected before any such disagreement arises, a New York judge has ruled.

“Selecting an umpire before the arbitration commences avoids the additional expense of having to conduct more than one arbitration in the event of a disagreement between the arbitrators,” Justice Michael D. Stallman of the New York County Supreme Court explained in the Jan. 15 ruling. “In addition, the umpire would see the proof as …