UNITED STATES 21 March 2023 Stor-All

United States District Court, Eastern District of Louisiana, 21 March 2023, CIVIL ACTION No. 23-334 SECTION I

(Stor-All Gentilly Woods, LLC v. Indian ... Read more

United States District Court, Eastern District of Louisiana, 21 March 2023, CIVIL ACTION No. 23-334 SECTION I

(Stor-All Gentilly Woods, LLC v. Indian Harbor Insurance Co., et al.)

21 - 03 - 2023

UNITED STATES 21 March 2023 Stor-All

Jurisdiction United States
Summary

The Court granted the motion to compel arbitration of an insurance claim for property damaged by Hurricane Ida. Applying the relevant test of Louisiana law, the Court held that the arbitration clause was not adhesionary, and therefore dismissed Stor-All’s argument that the clause was invalid on this ground. The Court then found that all the jurisdictional requirements for compelling arbitration under the Convention were met. Three requirements were undisputed: 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. As to the fourth requirement, that at least one of the parties be not a US citizen, the Court held that it was satisfied in respect of the foreign insurers. It further explained that equitable estoppel precluded Stor-All from objecting to arbitration of its claims against the domestic insurers, because those claims and the claims against the foreign insurers were inextricably intertwined.

Related topics
214-216 Field of application
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 21 March 2023 Stor-All