The U.S. Supreme Court recently asked the Solicitor General to file a brief on behalf of the United States expressing its views on whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) and the federal legislation that enforces it, the Federal Arbitration Act (“FAA”), are subject to the reverse preemption provision of the McCarran-Ferguson Act.
Read More United States Supreme Court Asks for Federal Government’s Opinion on Applicability of the McCarran-Ferguson Act to the New York Convention
Arbitration
Second Circuit Affirms District Court’s Decision to Reappoint Arbitrator Who Had Resigned
By Troutman Pepper Locke on
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. …
Read More Second Circuit Affirms District Court’s Decision to Reappoint Arbitrator Who Had Resigned
UK: Commercial Court Upholds Tribunal Award Limiting Recovery Under Business Interruption Policy
By Troutman Pepper Locke on
The Commercial Court has upheld an arbitration award on business interruption insurance that used a “but for” approach to causation with the effect of limiting recovery by the insured. …
Read More UK: Commercial Court Upholds Tribunal Award Limiting Recovery Under Business Interruption Policy
U.S. Supreme Court Rules on Class Arbitration, Addresses Manifest Disregard of the Law
By Troutman Pepper Locke on
Petitioners (“Stolt-Nielsen”) entered into a contract with respondent AnimalFeeds International Corporation that contained an arbitration clause. After a dispute arose between the parties, AnimalFeeds sought arbitration on behalf of itself and a class of customers who had purchased services from Stolt-Nielsen. …
Read More U.S. Supreme Court Rules on Class Arbitration, Addresses Manifest Disregard of the Law
Last Call: Join More than 40 Reinsurance Professionals at ReMedi’s Mediation Conference in NYC on May 12
More than 40 mediators, attorneys and company representatives have registered for Re/Insurance Mediation Institute’s (ReMedi) Inaugural Mediation Conference. You can earn 4.5 hours of CLE for $100 if you join them for ReMedi’s Spring Conference, Insurance and Reinsurance Mediation in the 21st Century, on Wednesday, May 12 at Edwards Angell Palmer & Dodge’s New York office.
UK: High Court Confirms Anti-Suit Injunction to Protect an English Arbitration Clause
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
In AES Ust-Kamenogorsk Hydropwer Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2010] EWHC 722 (Comm) the High Court ruled that it had jurisdiction to grant declarations and continue an anti-suit injunction to protect an arbitration clause in a contract between two Kazakhstani companies, AES Ust-Kamenogorsk Hydropwer Plant LLP (AESUK) and Ust-Kamenogorsk Hydropower Plant JSC (JSC).
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Read More UK: High Court Confirms Anti-Suit Injunction to Protect an English Arbitration Clause
New York Federal Court Vacates Arbitration Award Based on Evident Partiality
By Troutman Pepper Locke on
Scandinavian Reinsurance Company Limited (“Scandinavian Re”) and St. Paul Fire & Marine Insurance Company, St. Paul Reinsurance Company, Ltd. and St. Paul Re (Bermuda) Ltd. (collectively “St. Paul”) entered into a retrocessional agreement under which St. Paul ceded a portion of its casualty reinsurance portfolio to Scandinavian Re. …
Read More New York Federal Court Vacates Arbitration Award Based on Evident Partiality
Federal Court Upholds an Arbitration Panel’s Award Requiring a Cedent to Pay its Reinsurer’s Attorneys’ Fees
By Troutman Pepper Locke on
National Union Fire Insurance Company of Pittsburgh, PA entered into a reinsurance treaty with Odyssey America Reinsurance Corporation, which contained an arbitration clause. After a dispute arose between the parties and was submitted to arbitration, a panel issued a ruling in Odyssey’s favor.
California Federal Court Finds That Issue of Whether Commutation Terminated Certain Reinsurance Contracts was for the Arbitration Panel to Decide
By Troutman Pepper Locke on
Petitioner Sun Life Assurance Company of Canada (“Sun Life”) moved to confirm an arbitration award against Respondents Liberty Mutual Insurance Company, Golden Eagle Insurance Corporation and San Diego Insurance Company. The award was rendered by a panel of three actuaries and required Sun Life to pay a specific commutation amount to Respondents pursuant to certain reinsurance contracts. …
Read More California Federal Court Finds That Issue of Whether Commutation Terminated Certain Reinsurance Contracts was for the Arbitration Panel to Decide
UK: Anti-Suit Injunctions
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
Shashoua and another v. Sharma [2010] EWCA Civ 15 concerned an application to the Court of Appeal by Sharma for permission to appeal a procedural aspect of the High Court’s decision in (1) Roger Shashoua (2) Rodemadan Holdings Ltd (3) Stancroft Trust Ltd v Mukesh Sharma [2009] EWHC 957 (Comm) (previously blogged here).