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2018 Supreme(US)(ca2) 123

COURT OF APPEALS FOR THE SECOND CIRCUIT
Jacobs, Raggi, Hall
Certain Underwriting Members London – Appellant
Versus
State Dep't of Fin. Servs. Co. of the Americas – Respondent


1

Following oral argument, on January 24, 2018, the Circuit Court of Florida, Leon County, declared ICA insolvent and placed the company in liquidation, appointing Florida's Department of Financial Services as receiver. We nonetheless continue to refer to appellant as ICA throughout this opinion.

2

We acknowledge the value of disclosure, transparency, and ethical conduct on the part of all arbitrators. See Ostrager, supra , at 535 (noting disclosure "enables the parties to identify potential problems at the outset and[ ] to avoid later claims of prejudice by losing parties"). Mainstream arbitral guidelines such as ARIAS and the American Arbitration Association require comprehensive disclosure. See id . at 535-36 (citing the Code of Ethics for Arbitrators in Commercial Disputes); ARIAS-U.S. Practical Guide to Reinsurance Arbitration Procedure, ¶ 3.6. It would appear that Alex Campos violated these ethical codes; and future parties may well be wary of his participation on panels. However, it is well-established that such ethical violations do not compel vacatur of an otherwise-valid arbitration award.

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