Commentary on insurance and reinsurance disputes and related issues and the website of Schiffer Law & Consulting PLLC
Recently, I wrote a reinsurance commentary for IRMI.com on reinsurance issues with captive, pools and other risk-sharing entities. Coincidentally, in January 2023, a Washington federal court had to deal with a risk-sharing pool’s claims of breach of a reinsurance contract and a reinsurer’s motion to compel arbitration.
Continue reading “Washington Federal Court Grants Motion to Compel Arbitration”
I recently posted about the Ninth Circuit’s decision compelling arbitration under the New York Convention after holding that the McCarran-Ferguson Act did not reverse preempt the Convention. Two months earlier, the federal district court in Puerto Rico reached the same conclusion.
Continue reading “Puerto Rico Federal Court Compels Arbitration Under the New York Convention”
The Ninth Circuit has weighed in on the controversy over whether state anti-arbitration provisions in insurance codes reverse preempt the arbitration provisions of The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) because of the McCarran-Ferguson Act. The court joined several other circuits in holding that Article II, Section 3 of the New York Convention is self-executing and, therefore, arbitration can be compelled.
Continue reading “Ninth Circuit Compels Arbitration Holding Art. II, Sec. 3 of New York Convention Self-Executing”
The continuing controversy between national and international support and enforcement of arbitration provisions in commercial contracts, including insurance contracts, and US state anti-arbitration statutes that preclude enforcement of arbitration provisions in insurance policies has a new case that falls into the pro-enforcement camp.
Continue reading “No Reverse Preemption Leads to Arbitration Under the New York Convention”
