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- UNITED STATES 10 January 2023 Carondelet
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.)
UNITED STATES 10 January 2023 Carondelet
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.
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.