Arbitrators Should Determine Whether 1 or Multiple Arbitration Proceedings is Proper, Calif. Federal Judge Rules

SAN FRANCISCO — An arbitration panel, rather than the court, should determine whether a dispute arising under three reinsurance contracts should be resolved in one, rather than multiple, arbitrations, a California federal judge has ruled.

In an Aug. 19 order, Judge Susan Illston of the U.S. District Court for the Northern District of California explained that it is well settled in the 9th Circuit that disputes as to the scope of the parties' agreement to arbitrate is for the arbitrator, not the court.

Clearwater Insurance Co. reinsured Granite State Insurance Co. and New Hampshire Insurance Co. (the cedents) under two …