Which Law Is Supreme? The Interplay Between the New York Convention and The McCarran-Ferguson Act
Litigation Partner Brian Briz co-authored an article in the University of Miami Law Review on the topic of arbitration in the Eleventh Circuit. His article focuses specifically on addressing the conflict between the McCarran-Ferguson Act and the New York Convention and, specifically, analyzes how courts within the Eleventh Circuit have decided the issue. The McCarran-Ferguson Act, on the one hand, provides that general federal laws not related to the business of insurance are superseded by state insurance laws, and the New York Convention, on the other hand, obligates courts to recognize and enforce private arbitration agreements and arbitral awards. Courts have struggled with whether the New York Convention preempts state insurance laws that prohibit arbitration of insurance disputes.