Ninth Circuit Holds Article II, Section 3 of the New York Convention is “Self-Executing” and Not an “Act of Congress,” Thereby Affirming Order to Compel Arbitration
In CLMS Mgmt. Servs. et al. v. Amwins Brokerage et al., the U.S. Court of Appeals for the Ninth Circuit considered whether a state law (by operation of the federal McCarran-Ferguson Act, which gives states the authority to regulate the business of insurance) voiding arbitration agreements in insurance contracts reverse-preempted Article II, Section 3 of…