Arbitrators Should Decide Whether Pool Must Participate in Arbitration, Federal Insurance Argues

NEW YORK — Arbitrators, not the court, should decide whether the members of a reinsurance pool must participate in an arbitration of a $3.85 million dispute involving underlying workers’ compensation losses, Federal Insurance Co. contends in a recent court brief.

In a Jan. 25 brief in support of its petition to compel arbitration, Federal clarifies that it is not arguing that the pool should be a “party” to the arbitration; rather, the pool should participate in the proceeding, “whether as a witness or documents or as hearing attendees.” The brief was filed in the U.S. District Court for the Southern …