United States Fourth Circuit

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ESAB Group, Incorporated v. Zurich Insurance PLC, 11-1243

In a suit in which appellant seeks to allow the various views of the states to replace the federal government's singular voice regarding commercial arbitration of insurance disputes in foreign tribunals, the district court's exercise of subject-matter jurisdiction, and order compelling arbitration are affirmed where South Carolina law does not "reverse preempt" federal law, namely, a treaty and its implementing legislation, pursuant to the McCarran-Ferguson Act, a federal statute directed at protecting state insurance regulations from implied preemption by federal domestic commerce legislation.

Appellate Information

  • Decided 07/09/2012
  • Published 07/09/2012




  • United States Fourth Circuit


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