Bermudian Reinsurer Says N.Y. Federal Court has Jurisdiction Over Petition for Umpire Replacement

NEW YORK — Endurance Specialty Insurance (Bermuda) is urging a New York federal judge to consider its petition for replacement of an umpire in a Bermudian reinsurance arbitration, arguing there is no blanket “American rule” barring disqualification of a biased arbitrator prior to the issuance of an award.

In a brief filed May 18 before Judge John G. Koeltl of the U.S. District Court for the Southern District of New York, Endurance refuted Horseshoe Re Limited’s argument that American courts cannot address petitions to replace partial arbitrators pre-award.

Endurance contends that in the absence of Federal Arbitration Act preemption, …