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International Arbitration and State Regulation: The Interaction Between the McCarran-Ferguson Act and the New York Convention

Direct insurance contracts, like other commercial agreements, can be structured to provide for arbitration as the chosen means of dispute resolution. <i>See, e.g.,</i> Michael Ha, <i>Arbitration Boosts Efficiency: Alliance,</i> National Underwriter, March 17, 2003. Despite the perceived efficiencies of arbitration, some groups have pushed for widespread regulation of the use of arbitration clauses in commercial insurance contracts. <i>See Mandatory Arbitration on NAIC Agenda,</i> Insurance Chronicle, Feb. 3, 2003. Thus far, those opposed to arbitration clauses in insurance contracts have focused their efforts on persuading individual state regulators to restrict or ban the inclusion of mandatory arbitration clauses. <i>See id.</i>

21 minute read December 30, 2004 at 10:10 AM
By
Kenneth W. Erickson and Bryan R. Diederich
International Arbitration and State Regulation: The Interaction Between the McCarran-Ferguson Act and the New York Convention

Direct insurance contracts, like other commercial agreements, can be structured to provide for arbitration as the chosen means of dispute resolution. See, e.g., Michael Ha, Arbitration Boosts Efficiency: Alliance, National Underwriter, March 17, 2003.

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