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UNITED STATES 1000
United States District Court, Eastern District of
Louisiana, 21 November 2019
(Ronald Havard v. Offshore Specialty Fabricators, LLC)
UNITED STATES 1000
The personal injury claims of a US seaman were referred to arbitration in London under the arbitration clause in the insurance policy between the US employer and a UK insurer. The plaintiff had added the insurer as a direct defendant to the action and was therefore bound by the arbitration clause in the insurance contract on which it was otherwise relying.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.