UNITED STATES 16 November 2022 City of Kenner

United States District Court, Eastern District of Louisiana, 16 November 2022, CIVIL ACTION NO. 22-2167 SECTION “R” (3)

(City of Kenner v. Certain ... Read more

United States District Court, Eastern District of Louisiana, 16 November 2022, CIVIL ACTION NO. 22-2167 SECTION “R” (3)

(City of Kenner v. Certain Underwriters at Lloyd’s London, et al.)

16 - 11 - 2022

UNITED STATES 16 November 2022 City of Kenner

Jurisdiction United States
Summary

The District Court granted the motion to compel arbitration of a dispute concerning the insurance of damages caused by Hurricane Ida. It held that the four jurisdictional requirements for compelling arbitration under the New York Convention were met: there was an arbitration agreement in writing in the insurance contract between the parties; the agreement provided for arbitration in the United States, a Convention signatory; it concerned a commercial legal relationship, the insurance policy; and multiple underwriters at Lloyd’s were non-US citizens. The Court noted that while Louisiana law ordinarily prohibits enforcement of arbitration clauses covering insurance disputes, the New York Convention and its enabling act, the Federal Arbitration Act, (FAA) supersede otherwise applicable state law.

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 16 November 2022 City of Kenner