
UNITED STATES 1 March 2023 Antoine’s Restaurant
United States District Court, Eastern District of Louisiana, 1 March 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 March 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 March 2023 Antoine’s Restaurant
The District Court granted a motion to compel arbitration of a Hurricane Ida insurance dispute. The Court first found that the four jurisdictional requirements for compelling arbitration under the New York Convention were met: there was an arbitration agreement in writing, providing for arbitration in the United States, a Convention signatory and concerning a commercial legal relationship, and at least one party was not a US citizen. The Court then rejected the plaintiff’s argument that the arbitration agreement was invalid because arbitration clauses in insurance contracts are prohibited in Louisiana law, explaining that the Fifth Circuit has held that the New York Convention supersedes state law. (See also the decision of the District Court, dated 1 June 2023, denying the plaintiff’s motion for reconsideration of this holding.)
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.