Comments on: The New York Convention and Reverse Preemption http://kluwerarbitrationblog.com/blog/2009/11/17/the-new-york-convention-and-reverse-preemption/ An optional catch phrase or slogan goes here Thu, 29 Jul 2010 09:42:06 -0500 http://wordpress.org/?v=2.8.6 hourly 1 By: Greg Ward http://kluwerarbitrationblog.com/blog/2009/11/17/the-new-york-convention-and-reverse-preemption/comment-page-1/#comment-13349 Greg Ward Mon, 08 Feb 2010 21:33:18 +0000 http://kluwerarbitrationblog.com/?p=1256#comment-13349 This is an interesting issue. I am more concerned about the limitation of statutory bad faith by arbitration. As for arbitration of consumer issues, the "international insurers" are writing mostly maritime policies as far as I can tell from the cases so it's not as much a consumer issue. Any distinction in your jurisdiction between admitted and surplus lines insurers? Floirda has very strong consumer protection laws but as I understand we recently changed the landscape a bit by taking the surplus lines insurance and moving it into a separate chapter. This is an interesting issue. I am more concerned about the limitation of statutory bad faith by arbitration. As for arbitration of consumer issues, the “international insurers” are writing mostly maritime policies as far as I can tell from the cases so it’s not as much a consumer issue. Any distinction in your jurisdiction between admitted and surplus lines insurers? Floirda has very strong consumer protection laws but as I understand we recently changed the landscape a bit by taking the surplus lines insurance and moving it into a separate chapter.

]]> By: Roger Alford http://kluwerarbitrationblog.com/blog/2009/11/17/the-new-york-convention-and-reverse-preemption/comment-page-1/#comment-9799 Roger Alford Wed, 18 Nov 2009 19:40:42 +0000 http://kluwerarbitrationblog.com/?p=1256#comment-9799 Quinn, That's a tough question. Generally there is a high degree of overlap between the different chapters of the FAA and the grounds for vacatur, recognition, and enforcement are quite similar. But I do think that we are in the midst of a counter-revolution with state courts sharply curtailing consumer and employment arbitration. Moreover, if the FAA is amended in the manner suggested in some of the bills floating around then yes we will see a sharp disparity between certain types of domestic arbitration and international arbitration. Roger Alford Quinn,

That’s a tough question. Generally there is a high degree of overlap between the different chapters of the FAA and the grounds for vacatur, recognition, and enforcement are quite similar. But I do think that we are in the midst of a counter-revolution with state courts sharply curtailing consumer and employment arbitration. Moreover, if the FAA is amended in the manner suggested in some of the bills floating around then yes we will see a sharp disparity between certain types of domestic arbitration and international arbitration.

Roger Alford

]]> By: Quinn Smith http://kluwerarbitrationblog.com/blog/2009/11/17/the-new-york-convention-and-reverse-preemption/comment-page-1/#comment-9788 Quinn Smith Wed, 18 Nov 2009 14:06:14 +0000 http://kluwerarbitrationblog.com/?p=1256#comment-9788 Prof. Alford, Another interesting post. Based on this case, the structure of the FAA in three different chapters, the proposed amendments to the FAA in the Senate, and the use of the unconscionability doctrine to limit the application of arbitration to consumers, do you think we are going to see a continuing split in arbitral jurisprudence between "domestic" and "international?" Prof. Alford,

Another interesting post. Based on this case, the structure of the FAA in three different chapters, the proposed amendments to the FAA in the Senate, and the use of the unconscionability doctrine to limit the application of arbitration to consumers, do you think we are going to see a continuing split in arbitral jurisprudence between “domestic” and “international?”

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