When defendants are sued in state court, one of the first things defense attorneys will usually consider is whether the case is removable, and if so, whether it should be removed. .
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.