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
The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more
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
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
On August 12, 2021, the Ninth Circuit Court of Appeals decided whether Washington state law reverse-preempts the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”),...more
The Ninth Circuit held on August 12, in CLMS Management, that the New York Convention requires enforcement of an arbitration clause in an insurance policy issued by a foreign insurer to a U.S. policyholder, notwithstanding a...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
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
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
Foresight Energy, LLC (“Foresight”) brought an action in Missouri state court against various domestic and Bermuda and London market insurers for declaratory judgment, breach of contract and statutory vexatious refusal to pay...more