UNITED STATES 1065

United States District Court, Northern District of Georgia, Atlanta Division, 17 March 2023, Civil Action No. 1:21-cv-04751-VMC

(Various ... Read more

United States District Court, Northern District of Georgia, Atlanta Division, 17 March 2023, Civil Action No. 1:21-cv-04751-VMC

(Various Insurers, Reinsurers And Retrocessionaires Subscribing to Policy Numbers 106/IN/230/0/0, 28807G19, B080130181G19 B080131297G19, B080127577G19, B080130231G19, B080130291G19, B080130328G19, B080128807G19 and B080130331G19 DBD as subrogee of Shariket Kahraba Hadjret En Nouss v. General Electric International, Inc., General Electric Company, GE Power Services Engineering, GE Power, and Various John Doe Corporations)

17 - 03 - 2023

UNITED STATES 1065

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction United States
Original full text Full text decision UNITED STATES 1065
Excerpt Excerpt decision UNITED STATES 1065
Summary

The Court found that, though nonsignatories, the plaintiffs were bound by the arbitration clause in a services contract between the defendants and the builder of a plant under the third party beneficiary doctrine. The plaintiffs were the insurer, reinsurer and retrocessionaire subrogees of the plant’s owner.

Related topics
214-216 Field of application
222

The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

 Arbitrator's competence and separability of the arbitration clause
226

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

 Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
UNITED STATES 1065