Arbitrators, Not Court, Should Decide Preclusive Effect of Confirmed Arbitration Award, OneBeacon Argues to 1st Cir.

BOSTON — Arbitrators, not the court, should decide the preclusive effect of a judicially confirmed arbitration award, OneBeacon American Insurance Co. asserts in its appellee’s brief to the 1st Circuit U.S. Court of Appeals.

In its Nov. 14 response to Employers’ Insurance Company of Wausau’s arguments, OneBeacon contends the parties’ arbitration agreements “broadly call for the arbitration of all disputes between the parties related to the reinsurance contracts,” including the collateral estoppel dispute.

Between 1966 and 1986, certain insurers within the OneBeacon Insurance Group had a treaty reinsurance program known as “Multiple Line Excess Cover” (MLEC Program) under which they …