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Cedent contends that US Supreme Court should resolve circuit split concerning whether convention preempts state law precluding arbitration

Edwards Wildman Palmer LLP
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USA
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October 14 2010

In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund ("LSAT") recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts

Ninth Circuit confirms arbitration award, holds that panel’s ex parte meeting with certain expert witnesses did not justify vacatur

Edwards Wildman Palmer LLP
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USA
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January 20 2010

Petitioner United States Life Insurance Company (“U.S. Life”) reinsured workers’ compensation policies issued by five insurers domiciled in California

District court denies motion to stay, holds that potential for unnecessary arbitration-related expenses does not constitute irreparable harm or clear hardship

Edwards Wildman Palmer LLP
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USA
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January 22 2010

Plaintiff B.D. Cooke & Partners Limited, as Assignee of Citizens Casualty Company of New York (in Liquidation) (“Cooke”), filed a lawsuit against defendant Certain Underwriters at Lloyd’s, London (“Underwriters”

Connecticut state court finds that a court is permitted to remand an arbitration award to panel for clarification post-Hall Street

Edwards Wildman Palmer LLP
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USA
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August 18 2010

Plaintiff Hartford Steam Boiler Inspection and Insurance Company ("Hartford") appealed a decision permitting a court to remand a dispute over an arbitral award to the arbitration panel for clarification of that award

Eleventh Circuit rules that party did not waive its right to arbitrate

Edwards Wildman Palmer LLP
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USA
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August 23 2010

In Citibank, N.A. v. Stok & Associates, P.A., No. 09-13556 (11th Cir. July 20, 2010), the United States Court of Appeals for the Eleventh Circuit ruled that a party did not waive its right to compel arbitration even though it initially participated in the court proceeding

Second Circuit affirms district court’s decision to reappoint arbitrator who had resigned

Edwards Wildman Palmer LLP
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USA
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June 24 2010

Yesterday, the Second Circuit affirmed a district court's decision in which the court held that an arbitrator who had previously resigned was able to rejoin the arbitration panel

New York state court decision raises issues concerning the drafting of arbitration clauses

Edwards Wildman Palmer LLP
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USA
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September 20 2010

By Design, LLC terminated the employment of Oded Nachmani, who claimed he was wrongfully dismissed in violation of his employment contract and certain discrimination laws

United States Solicitor General: the convention is not preempted by the McCarran-Ferguson Act

Edwards Wildman Palmer LLP
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USA
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September 24 2010

As our readers know, we have been following the developments in Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, et al., No. 09 945, a case under consideration for certiorari by the U.S. Supreme Court that concerns whether Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by Chapter 2 of the Federal Arbitration Act (the “FAA”), is an “Act of Congress” subject to the anti preemption provision of the McCarran Ferguson Act, 15 U.S.C. 1011, et seq

U.S. Supreme Court: ratification issue to be determined by judiciary, despite federal policy favoring arbitration of disputes

Edwards Wildman Palmer LLP
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USA
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September 23 2010

In Granite Rock Co. v. International Brotherhood of Teamsters et al., No. 08-1214 (2010) -- the United States Supreme Court held -- by a vote of seven to two -- that the issue of when and whether an arbitration agreement was ratified falls within the exclusive purview of the court, and not the arbitrator, if that determination concerns whether the parties’ intent was to submit the dispute at issue to arbitration

New Jersey federal court finds that arbitration award was not in manifest disregard of the law

Edwards Wildman Palmer LLP
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USA
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August 25 2010

Plaintiff moved to vacate an arbitration award issued in favor of defendant Stroehmann Bakers on the grounds that, among other things, the arbitrator's decision was in "manifest disregard of the law."

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