STORY FROM: Reinsurance & Arbitration
Applied Underwriters Asks High Court to Review Arbitrability Questions in Workers’ Comp Dispute
August 28, 2018
OMAHA, Neb. — Applied Underwriters Inc. has asked the U.S. Supreme Court to determine whether a choice-of-law clause in a contract that contains an arbitration agreement should be read to import state substantive law without importing state rules impairing arbitration.
In an Aug. 6 petition for certiorari, Applied Underwriters also asked the high court to decide whether a litigant may avoid the enforcement of a contractual clause delegating questions of arbitrability to the arbitrator by stating that the litigant’s objections to arbitration apply equally to the delegation clause itself.
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