United States Fifth Circuit

An insurer's dispute over arbitrator selection did not amount to a waiver of the right to arbitrate, and claims relating to the alleged breach of the arbitration agreement based on such objections were properly dismissed under the Federal Arbitration Act, without consideration of the merits. (Revised opinion)

Appellate Information

• Decided 08/30/2002
• Published 09/27/2002

Judges

• KING, Chief Judge:, Before KING, Chief Judge, PARKER, Circuit Judge, and ELLISON, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert McKinley Frey (argued), W. Scott Welch, III, Fred Exzell Bourn, III, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for Plaintiff-Appellant.


• For Appellees:
  
• Harry P. Cohen (argued), Elizabeth A. Butler, Cadwalader, Wickersham & Taft, New York City, William F. Goodman, Jr., Susan Latham Steffey, Watkins & Eager, Jackson, MS, for Defendants-Appellees.