Where Advocacy Meets Business

Prehearing Security – A Primer for Arbitrators

December 2009 – Chaffetz Lindsey partner Peter Chaffetz and associate Karen Baswell recently published the cover feature in the ARIAS-US Quarterly for the Fourth Quarter 2009. In their article, Peter and Karen note that “One difference between reinsurance disputes and other commercial litigation and arbitration is the frequency with which the tribunal in an insurance or reinsurance matter – whether in arbitration or in court – will order the posting of pre-hearing security. While most courts have the power to fashion provisional remedies, including pretrial security, the statutory grounds for such relief in other types of commercial contract disputes are narrow and courts enforce the statutory requirements strictly.”

Find the rest of the article on prehearing security at page 2 of the ARIAS Quarterly, found here.

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