STORY FROM: Reinsurance & Arbitration

Applied Underwriters Asks High Court to Review Arbitrability Questions in Workers’ Comp Dispute

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.

In 2012, clothing manufacturers Citizens of Humanity LLC and CM ...

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