A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act...more
8/23/2023
/ Appeals ,
Arbitration ,
Commerce Clause ,
Dodd-Frank ,
Federal Arbitration Act ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Insurance Industry ,
McCarran-Ferguson Act ,
NAIC ,
New York Convention ,
Reinsurance ,
Reverse Preemption ,
SCOTUS
The Bronx, where I came of age and grew into young adulthood, is well-known for the scrap of its residents. That can also be said of its judiciary. On December 20, 2022, in Wu v. Uber Techs., Inc.,[i] the New York State...more
Another Circuit Court Holds That the New York Convention Pre-empts State Laws Prohibiting Arbitration of Insurance Disputes -
On August 12, 2021, the U.S. Court of Appeals for the Ninth Circuit held that Article II, Section...more
8/23/2021
/ Arbitration ,
Enforcement of Foreign Judgments ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
Insurance Contracts ,
Insurance Litigation ,
McCarran-Ferguson Act ,
Motion to Compel ,
New York Convention ,
Preemption ,
Reinsurance ,
Reverse Preemption
With Vice President Pence casting a dramatic tie-breaking vote just after 10 p.m. E.D.T. on October 24th, the U.S. Senate joined the U.S. House of Representatives to eliminate, based on their authority under the Congressional...more