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.)

21 - 03 - 2023

UNITED STATES 21 March 2023 Foresight Energy

Jurisdiction United States
Summary

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.

Related topics
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 21 March 2023 Foresight Energy