Summary

The petitioner, Endurance Specialty Insurance Limited ("Endurance") brought this action in the New York State Supreme Court, New York County, against respondent Horseshoe Re Limited, which acts on behalf of and for the benefit of Separate Accounts HS0083 and HS0084 ("Horseshoe"). Endurance petitioned the state court to remove the presiding arbitrator in Endurance's ongoing arbitration proceedings with Horseshoe in Bermuda. Endurance alleged that the arbitrator was biased. Horseshoe removed the case to this Court, asserting federal subject-matter jurisdiction and removal authority pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, 21 U.S.T. 2517, 330 U.N.T.S. 38 (the "New York Convention" or "Convention"), as incorporated into the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 201-208.

Two motions are now before the Court: the petitioner's motion to remand the action to New York State Supreme Court, ECF No. 18; and the respondent's motion to dismiss the petition for failure to state a claim, ECF No. 20. For the following reasons, the petitioner's motion to remand is denied and the respondent's motion to dismiss is granted.

TDM: Endurance Specialty Insurance Limited v Horseshoe Re Ltd - Ad Hoc Arbitration - - 2022