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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
New York federal court refuses to appoint umpire, finding that arbitration clause provided sufficient mechanism
- Edwards Wildman Palmer LLP
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- USA
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- September 20 2010
A dispute arose between Certain Underwriters at Lloyd’s London and R.A. Wilson & Associates, Ltd concerning an insurance policy
Second Circuit finds that reinsurer’s fraud claims are not arbitrable, but reverses district court’s judgment and holds that those claims are time-barred, relieving cedents of liability
- Edwards Wildman Palmer LLP
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- USA
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- September 1 2010
Defendants, certain ceding companies, appealed a judgment from the U.S. District Court for the Southern District of New York holding them liable for fraudulently inducing the plaintiff reinsurer to enter into two reinsurance facilities
Federal district court finds that arbitrator lacks the authority to issue pre-hearing deposition subpoena to non-party under the Federal Arbitration Act
- Edwards Wildman Palmer LLP
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- USA
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- August 31 2010
Helene Tomasian, a non-party to an arbitration between Ware and C.D. Peacock, Inc., moved to quash an arbitrator’s subpoena compelling her attendance at a pre-hearing deposition
Eighth Circuit rules on diversity jurisdiction for federal actions to compel arbitration
- Edwards Wildman Palmer LLP
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- USA
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- August 26 2010
A decision of the Eighth Circuit Court of Appeals, Northport Health Services of Arkansas, LLC v. Rutherford, No. 09-2433 (8th Cir. 2010), recently held that diversity of citizenship jurisdiction in the context of a motion to compel arbitration under 4 of the Federal Arbitration Act (“FAA”) can be determined by looking at the citizenship of the parties named in the proceedings before the district court, plus any indispensible parties who must be joined
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
Ninth Circuit reverses district court’s vacatur of arbitration award
- Edwards Wildman Palmer LLP
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- USA
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- August 5 2010
Zev Lagstein, M.D. filed a claim for benefits under a disability policy issued by Certain Underwriters at Lloyd’s London (“Lloyd’s”) after he developed heart disease and other ailments
Federal court finds that fraud claim is not arbitrable
- Edwards Wildman Palmer LLP
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- USA
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- August 4 2010
In a decision by the United States District Court for the Southern District of New York, AXA Versicherung AG v. New Hampshire Ins. Co., 05 Civ. 10180 (JSR) (S.D.N.Y. 2010), the court held that certain fraud claims were not a matter of contract interpretation and, therefore, not arbitrable under a provision in a facultative reinsurance agreement that provided for arbitration of disputes “arising out of the interpretation of this agreement.”
Current Search
- Workarea - Insurance & Reinsurance
- Workarea - Arbitration
- Author - Brian Green
- Author - Alexander G. Henlin