Arbitration

The U.S. Fifth Circuit, en banc, has ruled that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is a treaty and not an act of Congress, and it applies to compel a Louisiana self-insurer to arbitrate its dispute with two reinsurance companies despite R.S. 22:629, which bars arbitration agreements in insurance contracts. Safety National Cas. Corp. v Certain Underwriters at Lloyd’s London, ___ F 3d ___ (2009) (Clement, J. concurs; Elrod, Smith and Garza, JJ, dissent)