UNITED STATES 1064

United States District Court, Eastern District of Oklahoma, 9 February 2023, 20-CV-402-JWB(Krohmer Marina, LLC, an Oklahoma Limited Liability Company, doing business as Evergreen Marina, et al. v. Certain Underwriters at Lloyd’s, London and International ... Read more

United States District Court, Eastern District of Oklahoma, 9 February 2023, 20-CV-402-JWB(Krohmer Marina, LLC, an Oklahoma Limited Liability Company, doing business as Evergreen Marina, et al. v. Certain Underwriters at Lloyd’s, London and International Insurance Co. of Hannover SE)

09 - 02 - 2023

UNITED STATES 1064

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction United States
Summary

The Court denied the defendant’s motion to stay the proceedings in respect of an insurance dispute pending arbitration, finding that the arbitration agreement contained in the insurance policy between the parties was unenforceable under the Oklahoma Uniform Arbitration Act (OUAA), which prohibits arbitration agreements in insurance policies. The OUAA prevailed over the provisions on the enforcement of arbitration agreements in the Federal Arbitration Act and the New York Convention, because, pursuant to the McCarran-Ferguson Act, “No Act of Congress shall be construed to invalidate, impair, or supersede any law enacted by any State for the purpose of regulating the business of insurance”.

Related topics
113

The court discusses aspects relating to the implementation of the Convention in a Contracting State: the self-executing nature of the Convention v. the requirement of implementing legislation; the lack of implementing legislation; legislation that diverges from the text of the Convention or is defective under national law. Also, the domestic requirement that a State be included in an official list (“gazetted”) to ascertain reciprocity.

Implementing legislation
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 1064