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The Insurance Industry Takes Another Swing at Efficient Dispute Resolution
The widespread use of arbitration in insurance and reinsurance disputes was intended to allow parties to resolve complex disputes quickly and efficiently by having persons with knowledge of the specialized terminology, standards, and practices of the insurance industry act as decision makers. This aspiration has been superseded by protracted and voluminous discovery, continual delays and postponements, extensive briefing, and lengthy hearings. In essence, all of the foibles of litigation have crept into the world of arbitration, leaving the insurance industry once again in search of an efficient method to resolve disputes.
Last year, the International Institute for Conflict Prevention and Resolution ('CPR'), in consultation with leading insurers and law firms in the London and American insurance markets, advanced a new International Reinsurance Industry Dispute Resolution Protocol (the 'Protocol') to provide the insurance industry with an alternative to litigation or lengthy arbitration. CPR has been involved in the property-casualty insurance community for more than 20 years and maintains an active Insurance Committee composed of representatives of insurance companies that meet at least twice a year to consider new tools to advocate and support alternative dispute resolution within the insurance industry. CPR also has a Corporate Insurance Coverage Committee consisting of representatives of corporate policyholders, commercial insurers, and coverage and defense counsel. This committee creates and promulgates methods for managing policyholder coverage disputes without litigation.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.