Agreement for Binding Arbitration
American International Group, Inc. and
Maurice R. Greenberg and Howard I. Smith
parties agree that the following claims shall be submitted
immediately to binding arbitration.
All claims of
American International Group, Inc. (“AIG”) against
Maurice R. Greenberg (“Greenberg”) and Howard I. Smith
(“Smith”) in American International Group, Inc.
Consolidated Derivative Litigation , Civil Action
No. 769-VCS (Del. Ch.) (“the Delaware Derivative
Action”); all claims of AIG against Greenberg and Smith in
In re American International Group, Inc. Derivative
Litigation , Master File No. 04 Civ. 8406 (DLC) (“the New
York Derivative Action”); and all claims of Greenberg and
Smith against AIG for advancement or indemnification.
parties do not purport to include in the arbitration any claims
currently being prosecuted in pending cases by AIG shareholders
against Greenberg and/or Smith.
parties will consider whether to arbitrate: (1) AIG’s
claims against Starr International Company, Inc.
(“SICO”) in Starr International Company, Inc. v.
American International Group, Inc. , No. 05 Civ. 6283
(JSR) (S.D.N.Y.) (the “federal SICO case”), and against
Greenberg, Smith and the other defendants in American
International Group, Inc. v. Greenberg et al. , N.Y. Sup. Ct.,
Index No. 600885/08 (Ramos, J.) (the “state SICO
case”), after final decision on any appeals in the federal
SICO case; (2) Greenberg’s and related entities’
subprime-related claims against AIG ( Greenberg v. American
International Group, Inc. , 09 Civ. 1885 (LTS) (S.D.N.Y.);
Starr Foundation v. Americ