UNITED STATES 1 June 2023 Antoine’s Restaurant
United States District Court, Eastern District of Louisiana, 1 June 2023, CIVIL ACTION NO. 23-229 SECTION: D (4)
(Antoine’s Restaurant, LLC v. Certain ... Read more
United States District Court, Eastern District of Louisiana, 1 June 2023, CIVIL ACTION NO. 23-229 SECTION: D (4)
(Antoine’s Restaurant, LLC v. Certain Underwriters at Lloyd’s, London, et al.)
UNITED STATES 1 June 2023 Antoine’s Restaurant
The Court denied the plaintiff’s motion for reconsideration of its 1 March 2023 decision to compel arbitration of an insurance dispute. The plaintiff claimed that there was a split in the authorities in the district regarding the enforcement of arbitration provisions in insurance contracts, in light of Louisiana law’s prohibition of arbitration clauses in such contracts. The Court noted that in the cases referred to by the plaintiff, none of the defendants were foreign insurers, thus rendering the New York Convention inapplicable. In the present case, however, the Convention applied and, as held by the Fifth Circuit, superseded state law. (See also the 1 March 2023 decision.)
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.