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- UNITED STATES 21 March 2023 Foresight Energy
UNITED STATES 21 March 2023 Foresight Energy
United States District Court, Eastern District of Missouri, Eastern Division, 21 March 2023, Case No. 4:22-cv-00887-JAR
(Foresight Energy, LLC v. ACE ... Read more
United States District Court, Eastern District of Missouri, Eastern Division, 21 March 2023, Case No. 4:22-cv-00887-JAR
(Foresight Energy, LLC v. ACE American Insurance Company, et al.)
UNITED STATES 21 March 2023 Foresight Energy
The District Court held that the plaintiff must arbitrate its insurance claims against the defendants pursuant to the arbitration clauses in their respective agreements. The Court noted that an increasing majority of district and circuit courts have found that state anti-arbitration statutes do not reverse-preempt the New York Convention, and therefore concluded that the Missouri’s Uniform Arbitration Act (MUAA) prohibiting mandatory arbitration clauses in insurance contracts does not reverse-preempt the Convention.
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.