Court, Not Arbitrators, Should Decide Whether Pool Members Must Participate in Arbitration, National Union Contends

NEW YORK — The court, not arbitrators, should decide whether the members of a reinsurance pool must participate in arbitration of a $3.85 million dispute involving underlying workers’ compensation losses, National Union Fire Insurance Company of Pittsburgh contends.

In a Jan. 6 opposition to Federal Insurance Co.’s petition to compel arbitration, National Union argues that the arbitration clause in the reinsurance agreements at issue does not encompass questions of arbitrability. National Union further maintains that the dispute does not involve the pool and thus the members should not participate in the arbitration.

National Union and Federal entered into two Occupational …