Hill Rivkins Prevails on Appeal in the Sailing Yacht GALILEA Litigation
May 7, 2018

On January 16, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an Opinion on interlocutory appeal in which it decided that the arbitration clause in the relevant policy of marine insurance is enforceable, and is not rendered unenforceable by Montana law, which is inapplicable under both federal maritime law choice-of-law principles and the policy itself.  The Court further held that the agreement of sophisticated parties to arbitrate according to AAA rules shows a clear and unmistakable intent to resolve arbitrability questions in arbitration.  Brian Eisenhower briefed and argued the case before the Court of Appeals, and, together with Gerard White, continues to handle the matter in arbitration.  Galilea, LLC v. AGCS Marine Ins. Co., Liberty Mut. Ins. Co., and Torus Nat. Ins. Co., 879 F. 3d 1052 (9th Cir. Jan. 16, 2018).