Foreign insurers can feel more confident in their ability to enforce international arbitration clauses in American courts. Last month, the US Supreme Court declined to reverse a.
Over a dozen U.S. states, however, have enacted laws prohibiting mandatory arbitration clauses in insurance policies. So, is an international arbitration clause in an insurance policy governed by such state law enforceable?
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The New York Convention typically requires U.S. courts to enforce written arbitration agreements covering international disput.
Over a dozen U.S. states, however, have enacted laws prohibiting mandatory arbitration clauses in insurance policies. A number of courts across the country have grappled with this issue and the results are mixed.
On August 12, 2021, the Ninth Circuit Court of Appeals decided whether Washington state law reverse-preempts the United Nations Convention on the Recognition and Enforcement of Foreign.