STORY FROM: Reinsurance & Arbitration
U.S. High Court Will Not Review Choice-Of-Law Question in Arbitrability Dispute
October 10, 2018
OMAHA, Neb. — The U.S. Supreme Court has refused 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.
On Oct. 1, the high court denied Applied Underwriters Inc.’ petition for certiorari, which 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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