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- UNITED STATES 14 April 2023 Goux Enterprises
UNITED STATES 14 April 2023 Goux Enterprises
United States District Court, Eastern District of Louisiana, 14 April 2023, CIVIL ACTION NO. 22-4330 SECTION “R” (1)
(Goux Enterprises, et al. v. Indian Harbor Insurance ... Read more
United States District Court, Eastern District of Louisiana, 14 April 2023, CIVIL ACTION NO. 22-4330 SECTION “R” (1)
(Goux Enterprises, et al. v. Indian Harbor Insurance Company, et al.)
UNITED STATES 14 April 2023 Goux Enterprises
The District Court granted the motion to compel arbitration of a Hurricane Ida insurance dispute. The Court held that the four jurisdictional requirements for compelling arbitration under the New York Convention were met, as there was an arbitration agreement in writing betwen the parties, providing for arbitraiton in a Convention signatory (the United States) and arising out of a commercial legal relationship, and at least one of the parties was not a US citizen. The Court dismissed the argument of the plaintiffs that the requirement of a written agreement to arbitrate was not met because they had not signed the arbitration clause in the insurance policy; it explained that this contention was foreclosed by binding Fifth Circuit precedent in Sphere Drake, where the Fifth Circuit interpreted Art. II of the Convention to require either (1) an arbitral clause in a contract (not necessarily signed) or (2) an arbitration agreement signed by the parties or contained in an exchange of letters or telegrams. The Court also held that Louisiana law prohibiting arbitration of insurance disputes was superseded by the New York Convention.
The court discusses the first alternative requirement of Art. II(2) that the arbitral award is “signed by the parties”.
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.