First Paragraph
Arbitration contracts between the United States' parties and foreign parties face uncertainty from state insurance laws containing anti-arbitration provisions. Though courts have done well to respect parties' decisions to arbitrate, the same courts have struggled to respect parties' decisions to arbitrate insurance disputes. Until recently, the law was settled that such arbitration agreements relating to contracts of insurance were ultimately subject to state law above all else.
Recommended Citation
Evangelo M. Theodosopoulos, Can(not) a State Law Override a Federal Treaty Obligation?, 3 Arb. L. Rev. 566 (2011).