News & Analysis as of

Insurance Industry International Arbitration

Foley & Lardner LLP

S.D.N.Y. Finds Arbitration Clause in Insurance Contract Unenforceable, Following Second Circuit Precedent that the...

Foley & Lardner LLP on

Two recent decisions from the United States District Court for the Southern District of New York highlight the split among circuits on whether state insurance laws that prohibit arbitration of insurance and reinsurance...more

Kennedys

The rise of international arbitration and a comparison of arbitration procedures in the USA, England and Wales, Bermuda and Canada

Kennedys on

Arbitration as a means of resolving international commercial disputes has grown in popularity in recent years as reflected by the reported rise in arbitration filings of more than 3% a year from 2010 to 2019 and a spike of...more

A&O Shearman

No anti-suit injunction available against a state

A&O Shearman on

In the absence of consent by the state, a party will not be able to obtain an anti-suit injunction against a state (nor any other injunction or order for specific performance). Venezuela was entitled to claim immunity under...more

K&L Gates LLP

HUB Talks: Arbitration World: International Arbitration Clauses in Insurance Policies: Are They Valid in States With...

K&L Gates LLP on

In this episode, partners Chris Valente and Jackie Celender, along with associates Michael Creta and Peter Ayers, discuss the impact that state anti-arbitration insurance statutes have on the enforceability of international...more

K&L Gates LLP

Litigation Minute: International Arbitration Clauses in Insurance Policies: Are They Valid in States With Anti-Arbitration...

K&L Gates LLP on

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The New York Convention typically requires U.S. courts to enforce written arbitration agreements covering international disputes, including arbitration clauses in contracts with...more

Carlton Fields

District of Puerto Rico Holds Article II of the Convention on Foreign Arbitral Awards Preempts the McCarran-Ferguson Act

Carlton Fields on

In a dispute over whether an international insurance policy provided coverage for losses resulting from a fire that destroyed the insured property, the U.S. District Court for the District of Puerto Rico determined that the...more

Mintz - Arbitration, Mediation, ADR...

Enforcing Insurance Policy Arbitration Clauses: New York Convention Itself May Trump McCarran-Ferguson Act in the Federal...

Battles persist concerning the enforceability of insurance policy arbitration clauses due to the conflict between (a) the U.S. Constitution’s Supremacy Clause (Art. VI, cl. 2), which gives federal laws and international...more

Mintz - Arbitration, Mediation, ADR...

Insurance Policy Arbitration Clauses: Considering the “Conformity to Statute” Wildcard and a Treaty in the Federal Preemption vs....

The United States Constitution, a U.S. treaty, two federal statutes, a state statute, and a commercial contract walk into a bar. The federal statutes are arguing. The Constitution, the treaty, one of the federal statutes, and...more

Troutman Pepper

Boring Through The Details: U.S. District Court Declares Boring Company Dispute Not Covered by Insurance Policies

Troutman Pepper on

Maxum Indemnity Co. v. Robbins Co., P.C., No. 1:17-CV-01968, 2018 U.S. Dist. LEXIS 57729 (N.D. Ohio Mar. 28, 2018) - On March 21, 2018, the United States District Court for the Northern District of Ohio granted a motion...more

Carlton Fields

Expect Focus - International - March 2018

Carlton Fields on

Trends Against BITS and Investor State Dispute Resolution - In my first Expect Focus International article (http://bit.ly/2G9Demu), I suggested that investors doing business outside the United States should do so in...more

Carlton Fields

Trends Against BITS and Investor State Dispute Resolution

Carlton Fields on

In my first Expect Focus International article, I suggested that investors doing business outside the United States should do so in countries that have entered into bilateral investment treaties (BITs) with the United States....more

Robins Kaplan LLP

Arbitration Options Put Global Insurers In The Driver Seat

Robins Kaplan LLP on

Globalization of the insurance market has seen an increase in the use and enforcement of international arbitration agreements in insurance policies. When tragedy strikes or loss occurs, insurers have a variety of options to...more

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