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Burkin Enterprises, L.L.C. v. Indian Harbor Insurance Company

Court: 5th Cir  03/04/2024  Fifth Circuit Holds District Court Abused Discretion in Failing to Compel Arbitration

The Fifth Circuit Court of Appeals reversed a district court of Louisiana which declined to grant insurers' motion to compel arbitration of a lawsuit involving a hurricane damage claim, finding the Convention on the Recognition and Enforcement of Arbitral Awards (the "Convention") applied because equitable estoppel barred insured from avoiding application of the Convention where it sued foreign insurers only to dismiss its claim against them with prejudice and pursue claims solely against the domestic insurers in the suit, and where insured alleged the foreign and domestic insurers collectively engaged in the same conduct.

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