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LIPCON v. UNDERWRITERS AT LLOYD'S, LONDON

No. 97-5144.

148 F.3d 1285 (1998)

Irmgard LIPCON; Mitchell Lipcon; Charles R. Lipcon; Barbara Lipcon, Plaintiffs-Appellants, v. UNDERWRITERS AT LLOYD'S, LONDON, a.k.a. Corporation of Lloyd's, a.k.a. Society of Lloyd's, a.k.a. Lloyd's of London, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 5, 1998.

Attorney(s) appearing for the Case

Sharon L. Wolfe, Cooper & Wolfe, Miami, FL, for Plaintiffs-Appellants.

Jon W. Zeder, Adorno & Zeder, P.A., Miami, FL, Harvey L. Pitt, Debra Torres, Fried, Frank, Harris, Shriver & Jacobson, New York City, for Defendants-Appellees.

Eric Summergrad, Leslie Smith, Washington, DC, for Amicus Curiae Securities & Exchange Commission.

Before HATCHETT, Chief Judge, BLACK, Circuit Judge, and KRAVITCH, Senior Circuit Judge.

KRAVITCH, Senior Circuit Judge:

In this appeal, we are confronted with the important question of whether the anti-waiver provisions of the United States securities laws preclude enforcement of certain choice-of-law and forum-selection clauses ("choice clauses") in international agreements. Although we recognize that it is a close question, we follow the weight of circuit authority and conclude that the choice clauses are enforceable despite the anti-waiver provisions...

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