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UNITED STATES 2 June 2020 Nueces County
United States District Court, Southern District of Texas, Corpus Christi Division, 2 June 2020, CIVIL ACTION NO. 2:20-CV-065
(Nueces County, Texas v. Certain Underwriters at Lloyd’s of London, et al.)
UNITED STATES 2 June 2020 Nueces County
Nueces County filed an action in state court to recover for property damage caused by Hurricane Harvey. Defendants removed the action to federal court based on the arbitration clause in the policy of insurance, which fell under the New York Convention. The Court held that removal was proper and denied the motion to remand.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.