Reinsurance Focus

Following is a summary of court decisions, some compelled, others denying, arbitration:

Authenment, III v. Ingram Barge Co., Case No. 10-2107 (USDC E.D. La. July 13, 2012) (granting West of England Shipowner’s Mutual’s motion to stay pending arbitration in a case initially brought against West of England’s insured, notwithstanding that plaintiff was non-signatory to arbitration agreement; holding that Convention on the Recognition and Enforcement of Foreign Arbitral Awards supersedes Louisiana’s statute prohibiting arbitration agreements in insurance contracts).

ISC Holding AG v. Nobel Biocare Finance AG, No. 11-239 (2d Cir. July 25, 2012) (affirming order dismissing with prejudice petition to compel arbitration and vacating petitioner’s notice of voluntary dismissal; holding that Rule Federal Rule 41(a)(1)(A)(i) does not apply in the context of petitions to compel arbitration).

Wooten v. Fisher Invest., Inc., No. 11-2476 (8th Cir. July 26, 2012) (affirming that district court properly dismissed without prejudice plaintiff’s state and federal statutory claims because they were subject to an ongoing arbitration that was required to be completed before remedies could be pursued in federal court).

Gove v. Career Sys. Dev’l Corp., No. 11-2468 (1st Cir. July 17, 2012) (affirming that employment discrimination claims brought by applicant against potential employer were not subject to compulsory arbitration because arbitration agreement was ambiguous as to whether claims brought by applicants that were not hired were subject to arbitration provision).

Union Elec. Co. v. Aegis Energy Syndicate 1225, Case No. 4:12CV87 (USDC E.D. Mo. Aug. 23, 2012) (denying insurer’s motion to compel arbitration; holding that Missouri choice of law and forum selection clause in policy endorsement prevails over alternative resolution provision in policy).

This post written by Ben Seessel.

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