
UNITED STATES 18 January 2023 Academy of the Sacred Heart
United States District Court, Eastern District of Louisiana, 18 January 2023, CIVIL ACTION NO. 22-4401 SECTION I(Academy of the Sacred Heart of New Orleans v. Certain Underwriters At Lloyd’s London, et al.)
UNITED STATES 18 January 2023 Academy of the Sacred Heart
The District Court granted the motion to compel arbitration of the insurance dispute between the parties, finding 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 a Convention State (the United States) and arising out of a commercial legal relationship, and at least one of the parties was not a US-citizen. Sacred Heart argued that there was no valid arbitration agreement because the endorsement and service of suit clause in the insurance policy changed the terms of the policy, meaning that the defendants had agreed to litigate in court, but the Court noted that a similar argument had been rejected by the Fifth Circuit.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.