Category: Commercial Arbitration
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Second Circuit: Article II, Section 3 of the New York Convention Is Self-Executing
In Certain Underwriters at Lloyd’s v. 3131 Veterans [1], the Court of Appeals for the Second Circuit reversed its precedent that Article II, Section 3 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) is not self-executing, which was established in 1995 in Stephens v. American…
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Manifestly Rejected: Fifth Circuit Shuts Door on Expanded Vacatur
In US Trinity Energy Services v. Southeast Directional Drilling [1], the United States Court of Appeals for the Fifth Circuit had to decide whether an arbitration award may be vacated on the grounds of excess of authority by the arbitral tribunal if the excess is claimed on the grounds of manifest…
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Eleventh Circuit: Subrogated Insurers Must Arbitrate as Third-Party Beneficiaries
In Various Insurers v. GE [1], the United States Court of Appeals for the Eleventh Circuit had to decide whether subrogated insurers, reinsurers, and retrocessionaires were bound by an arbitration agreement as third-party beneficiaries. The Eleventh Circuit concluded that they were and affirmed an order compelling arbitration. Background Shariket Kahraba Hadjret…