Hinshaw's Ed Lenci Publishes “Expert Analysis” in the New York Law Journal on Second Circuit's Possible Reconsideration of Reverse-Preemption of NY Convention By the McCarran-Ferguson Act

September 12, 2023

On September 11, 2023, the New York Law Journal published, as an "Expert Analysis," Hinshaw New York partner Ed Lenci's article that examines the prospects for the Second Circuit's reconsideration of its previous holding that the McCarran-Ferguson Act (MFA) reverse-preempts the New York Convention such that state prohibitions on the arbitration of disputes between policyholder and their insurers control over the Convention's pro-arbitration policy. There is a split in the Circuits over the issue: the First, Fourth, Fifth, and Ninth Circuits have held that the Convention preempts the MFA, while the Second and Eighth Circuits have held that the MFA reverse-preempts the Convention. Lenci is the long-time chair of the Reinsurance Section of Hinshaw's global Insurance Services Practice Group.

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"Reverse-Preemption of NY Convention By the McCarran-Ferguson Act" (New York Law Journal, September 11, 2023).

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