Enforcing International Insurers’ Expectations: Can States Unilaterally Quash Commercial Arbitration Agreements Under the McCarran-Ferguson Act
By Mary Pennisi, February 8, 2012
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The author examines the circuit court split on whether the reversal of the McCarran-Ferguson Act preempts the United Nations Convention on the Recognition and the Enforcement of Arbitral Agreements and allows states to invalidate international insurance contracts’ arbitration agreement clauses. The author concludes that the Supreme Court and Congress should limit states’ power to preclude parties from enforcing arbitration clauses in international insurance contracts.
