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New reinsurance-related and arbitration developments from Carlton Fields

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Special Focus: Supreme Court Holds That Class Arbitration Must Be Consensual

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The United States Supreme Court issued a long anticipated opinion last week addressing the circumstances under which parties may be compelled to arbitrate disputes on a class-wide basis. Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 2010 WL 1655826 (Apr. 27, 2010). Although we posted a brief item about this case earlier this week, this opinion is important enough that we are posting a longer Special Focus piece today describing the Court’s reasoning in more detail. This post also notes that the Court had the opportunity to address the issue of the continued viability of manifest disregard of law as a basis for vacating arbitral awards in this opinion, but declined to do so. More on that issue next week, as the Eleventh Circuit last week joined the debate on that issue.

This post written by Rollie Goss.

SPECIAL FOCUS: FEDERAL COURT OF APPEAL ANNOUNCES REVIEW STANDARD APPLICABLE TO RULINGS ON MOTIONS TO STAY LAWSUITS PENDING ARBITRATION

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In this Special Focus Article, Carlton Fields parnter Roland Goss discusses the implications of the First Circuit’s recent decision in Powershare Inc. v. Syntel Inc. In this case, the court addressed the appropriate standard of review to be used by a District Court judge in reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding.

SPECIAL FOCUS: EXPANDED VIEW OF CENTURY INDEMNITY CO. v. CERTAIN UNDERWRITERS AT LLOYD’S

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In this Special Focus article, John Pitblado provides an in-depth analysis of Century Indemnity Co. v. Certain Underwriters at Lloyd’s, London. In this decision, the Third Circuit addresses whether an agreement to arbitrate existed, and explores the tension between the presumption favoring arbitration and a party’s right to his/her day in court.

SPECIAL FOCUS: NEW YORK CONVENTION TRUMPS STATE LAW

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We previously reported on the en banc decision of the United States Court of Appeals for the Fifth Circuit holding that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the New York Convention), prevailed over a state law that prohibited arbitration provisions in insurance policies. The Second and Fifth Circuits are now in conflict on this important arbitration issue. We offer a Special Focus view of this decision.

This post written by Rollie Goss.