· 10/15/2009
Century Indemnity Co. v. Certain Underwriters at Lloyd's, London
Citations
- 584 F.3d 513
- 2009 U.S. App. LEXIS 22619
- 2009 WL 3297322
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the presumption in favor of arbitrability “probably does not apply” to whether a valid agreement to arbitrate exists
- holding that “[f]or a court to compel arbitration, it initially must find that there is a valid agreement to arbitrate”
- finding that under Pennsylvania law, party was bound by an arbitration clause in an agreement between other parties that its contract incorporated by reference
- explaining that vacatur under Section 10(a)(3) is warranted “only” where the arbitrator’s failure to consider testimony at the hearing renders the hearing fundamentally unfair
- noting that, because the scope of the arbitration clause in question “is broad[,]...the presumption of arbitrability applies to it”
- finding that “service-of-suit clauses do not negate accompanying arbitration clauses; indeed, they may complement arbitration clauses by establishing a judicial forum in which a party may enforce arbitration”
Source: CourtListener parenthetical corpus (CC0).
Judges: McKee, Hardiman, Greenberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.