Tag: New York Convention

  • Thoughts on the Bill on Arbitration of Sexual Assault and Harassment Claims

    In February, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The new law amends the Federal Arbitration Act to forbid employers from requiring employees to agree to arbitrate sexual assault or sexual harassment claims under federal, state, or tribal law. I wanted to comment on the bill generally, […]

  • Case of the Day: CLMS Management Services v. Amwins Brokerage

    Does the McCarran-Ferguson Act “reverse preempt” federal law when it requires arbitration of an insurance dispute?

  • Case of the Day: Corporación AIC v. Hidroelectrica Santa Rita

    The case of the day is Corporación AIC SA v. Hidroelectrica Santa Rita SA (S.D. Fla 2020). The parties had a contract for turnkey design and construction of a hydroelectric plant in Guatemala. HSR paid about $11 million to the contractor, AIC, and issued a notice to proceed. But the local community opposed the construction, […]

  • Case of the Day: McDonnel Group v. Great Lakes Insurance

    The case of the day is McDonnel Group, LLC v. Great Lakes Insurance SE, UK Branch (5th Cir. 2019). McDonnel purchased a builder’s risk policy from a group of insurers. When the insurers denied a claim, McDonnel sued. The insurers argued that the case had to be arbitrated, because the insurance policy contained an agreement […]

  • Case of the Day: Castro v. Tri-Marine Fish

    The case of the day is Castro v. Tri-Marine Fish Co. (9th Cir. 2019). Michael Castro, a national of the Philippines who lived in American Samoa, was a deck hand aboard the F/V Captain Vincent Gann. He was seriously injured during the voyage. Tri-Marine transported him to the Philippines and paid his medical expenses and […]