In a case we have been following on www.insurereinsure.com, Louisiana Safety Association of Timbermen – Self Insured Fund v. Certain Underwriters at Lloyd’s, London, the U.S. Supreme Court declined to grant certiorari to hear a dispute between an insurance pool and its reinsurer concerning whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") preempts a Louisiana statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts. Therefore, the U.S. Court of Appeals for the Fifth Circuit's decision in Lousiana Safety -- which held that the New York Convention preempts and supersedes the Louisiana state law precluding the enforcement of arbitration agreements in insurance contracts -- remains good law.
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U.S. Supreme Court refuses to hear dispute concerning preemptive effect of New York Convention on state law barring arbitration
- Edwards Wildman Palmer LLP
- Brian Green, Victoria Anderson, Jeanne Kohler and Alexander G. Henlin
- December 29 2010
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