What 9th Circ. Arbitration Case May Mean For Insurance

By Neil Popović, Shin Hahn and William de Sierra-Pambley (October 4, 2021, 4:41 PM EDT) -- On Aug. 12, in CLMS Management Services LP v. Amwins Brokerage of Georgia LLC, the U.S. Court of Appeals for the Ninth Circuit decided whether Washington state insurance law reverse-preempts the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention, in which case the state law would bar the enforcement of arbitration clauses in insurance contracts in Washington and other states with similar anti-arbitration laws.[1]

While the Ninth Circuit agreed with the defendants that state law does not reverse-preempt the convention, the plaintiffs have indicated that they will seek review in the U.S....

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