UNITED STATES 10 January 2023 Carondelet

United States District Court, Eastern District of Louisiana, 10 January 2023, CIVIL ACTION NO. 22-4311 SECTION: D (2)

(419 Carondelet, LLC v. Certain ... Read more

United States District Court, Eastern District of Louisiana, 10 January 2023, CIVIL ACTION NO. 22-4311 SECTION: D (2)

(419 Carondelet, LLC v. Certain Underwriters at Lloyd’s, London, et al.)

10 - 01 - 2023

UNITED STATES 10 January 2023 Carondelet

Jurisdiction United States
Summary

The Court denied the motion to reconsider its order compelling arbitration of an insurance dispute, holding that all the four requirements for compelling arbitration under the New York Convention were met: there was a written agreement to arbitrate, providing for arbitration in a Convention State (the United States) and arising out of a commercial legal relationship, and at least one party to the agreement was not a US citizen. The Court also explained that the Convention supersedes Louisiana state law, which prohibits enforcement of arbitration clauses covering insurance disputes.

Related topics
214-216 Field of application
223

The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
UNITED STATES 10 January 2023 Carondelet