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You are here: Home / Arbitration / Court Decisions / Arbitration Process Issues / Court compels arbitration under international arbitration convention

Court compels arbitration under international arbitration convention

January 15, 2007 by Carlton Fields

A US District Court has held that arbitration should be compelled under the Convnetion on the Recognition and Enforcement of Foreign Arbitral Awards of a dispute between a Georga-based insured and a British insurer. The insurance hedged the insured's participation as an investor in a secondary market for life insurance policies. The Court found that although Georgia law invalidated arbitration agreements in insurance policies, and Georgia law applied to the interpretation of the arbitration agreement, the international convention superceded the McCarran-Ferguson Act, requiring arbitration despite Georgia law's hostility to such arbitration agreements. Goshawk Dedicated Limited v. Portsmouth Settlement Co., Case No. 06-274 (USDC ND Ga. Dec. 18, 2006).

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