Can an arbitrator make an award by consent?
In these circumstances it has often been the practice for the parties to ask the arbitrator to make an award by consent setting out the terms of the settlement between them.
The Court of Appeals of North Carolina has held that a claimant is collaterally estopped from asserting that an arbitration award triggers coverage under an insured's lawyers professional liability policy where the arbitration award found the insured liable solely in his capacity as a fund manager.