Are you saying that the Federal Court does not have jurisdiction to hear the failure of consideration claims of IDCC? If not, do you believe that the arbitration panel has the power to rule the contract unenfoceable if IDCC's claims are not frivolous?
To answer the above, it would be nice to have the insurance policy and reimbursement agreement to read.
BTW, I am not taking a position regarding the merits of the lawsuit, merely stating what is in it. I don't doubt it is defensive, but I also know that a company in financial trouble, run by lawyers or not, can be coerced into doing things it would not otherwise do if the other party has the power.
Ghors