Originally from:

Journal of American Arbitration (JAA) - Vol. 5, No. 1

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ARTICLES

Choice of Governing Rules of Arbitration
under the Doctrine of Arbitral Immunity in
Strategic Resources, Inc. v. BCS Life
Insurance, Inc.
By W. Christian Moffitt

I. OVERVIEW
Following a failed business venture, BCS Life Insurance attempted
to bring suit against Strategic Resources, an executive search firm, and
several insurance interests.1 The Illinois state trial court compelled
arbitration in accordance with a predispute arbitration agreement
between the parties.2 The arbitration agreement mandated that a panel of
three arbitrators rule on a submitted dispute.3 Each party would select a
personal arbitrator, and the personal arbitrators would select a third,
neutral arbitrator to complete the panel.4 The dispute arose when the
party arbitrators could not agree on a third, neutral arbitrator, and the
parties sought assistance from the American Arbitration Association