Author Archives: kevin

A RULE SO NICE IT’S MENTIONED TWICE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONA RULE SO NICE IT’S MENTIONED TWICE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Well … maybe not ‘nice’ but the fact it is cited two times instills the importance.  Not often in Arbitration will you see one Rule reiterated within another.  A Rule is a Rule … Continued

ACCURACY OF THE DAMAGES: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONACCURACY OF THE DAMAGES FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Even this week with the Arbitration Webinar we did for the industry; mention was made of the proliferation of Material Damages (MD) disputes making their way before Arbitrator’s.  As we continue to examine Rule 3-5; it clearly discusses the … Continued

THE FOUNDATION FOR THE DECISION: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE FOUNDATION FOR THE DECISION FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Evidence undoubtedly the cornerstone of Arbitration presentation.  Cases won or lost on the proofs submitted in support of a Theory laid out before the Arbitrator.  Clearly, we’ve written a lot about Evidence in 15 years of the … Continued

THE ARBITRATOR’S ROLE IN DEFERMENTS: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE ARBITRATOR’S ROLE IN DEFERMENTS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Recently the Fundamentals series reviewed Rule 2-10 as it pertains to parties in a case requesting a One-Year Deferment.  But what do the Rules have to say about how an Arbitrator must view the Deferment request and … Continued

ACCEPT YOUR ROLE IN THE AFFIRMATIVE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONACCEPT YOUR ROLE IN THE AFFIRMATIVE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Affirmative Pleadings are the second component within Rule 3-5 toward what an Arbitrator has the power to examine and weigh within the intercompany Arbitration framework.  As mentioned last edition, Rule 3-5 created to provide specific … Continued

ENSURING THE PROPER AUTHORITY: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONENSURING THE PROPER AUTHORITY FUNDAMENTALS OF INTERCOMPANY ARBITRATION    It’s been just over 20 years when subrogation Arbitration got very specific with the protocol for how Arbitrator’s would hear cases.  Not that it was not uniform before but 2005 saw the creation of Rule 3-5.  The methodology crafted … Continued

THE OPPORTUNITY FOR RECESS: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE OPPORTUNITY FOR RECESS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    I’ve leveraged the Rule periodically.  It is normally post-Decision and the majority of the time often futile but at least I knew the Rule and for our client’s; it showed we exhausted every avenue toward their betterment.  Now, you’ll … Continued

TRIFECTA THOUGHTS ON THE THREE PANEL: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTRIFECTA THOUGHTS ON THE THREE PANEL FUNDAMENTALS OF INTERCOMPANY ARBITRATION    If we’ve at least secured your thinking about a Panel of 3 Arbitrators over these initial four issues of the Arbitration Blog for 2026 … mission achieved.  Even for our firm of Arbitration Writers it … Continued

A TRIBUTE TO THE TRIBUNAL: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONA TRIBUTE TO THE TRIBUNAL FUNDAMENTALS OF INTERCOMPANY ARBITRATION    You’ve decided to opt in for a three (3) Arbitrator hearing for your next subrogation case.  You view it’s the way to go due to the complexity of the issues involved and the back-and-forth stalemate with the … Continued

TO THE POWER AND PROTOCOL OF THREE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTO THE POWER AND THE PROTOCOL OF THREE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    You’ve decided to go the three Arbitrator route; your claim amount sought over the $ 15,000 mark.  The case filed and ‘ready to be heard’.  What is the distinguishable difference with the … Continued