Insurance Settlement’s Arbitration Provision Resolves Disputes Regarding Asbestos Claims

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Arbitration exists for the sole purpose of limiting disputes and avoiding long, drawn-out lawsuits. When major litigation is resolved involving multiple parties, like asbestos litigation, prudent litigators – when they settle – include an arbitration clause to avoid further expensive litigation.

INA., et al (collectively, “INA”) moved the USDC to confirm an arbitration award (the “Award”). In Syngenta v. INA, 18cv715(DLC), USDC New York (April 23, 2021)

ZALMA OPINION

This case established the wisdom of the parties in 1999 when they entered into a settlement agreement to include an arbitration provision. The dispute was resolved by the arbitrator with an opinion that was sufficiently clear and unambiguous to allow it to be followed by the parties and allowed them to avoid unneeded litigation. It would appear, especially with settlements of mass tort claims, to include an arbitration provision to allow disputes over the agreement to be resolved by arbitration.