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SECURITY INS. CO. OF HARTFORD v. TIG INS. CO.

Docket No. 03-7773.

360 F.3d 322 (2004)

SECURITY INSURANCE COMPANY OF HARTFORD, Plaintiff-Appellee, Trustmark Insurance Company, Defendant-Third-Party-Plaintiff-Appellee, v. TIG INSURANCE COMPANY, Third-Party-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 2, 2004.

Attorney(s) appearing for the Case

Harry P. Cohen, Cadwalader, Wickersham & Taft LLP, New York, New York (Michael G. Dolan, Lawrence I. Brandes, on the brief) for Third-Party-Defendant-Appellant.

David J. Grais, Dewey Ballantine LLP, New York, New York (Robert J. Morrow, on the brief, Kathryn C. Ellsworth, Erick M. Sandler, Shannon Elise McClure, of counsel, Frank F. Coulom, Jr., Marion B. Manzo, Robinson & Cole, LLP, Hartford, Connecticut, Mark B. Holton, Kathryn E. Nealon, Gibson Dunn & Crutcher LLP, New York, New York, on the brief), for Plaintiff-Appellee.

Before: OAKES, POOLER, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge.

This case presents a recurring and troubling theme in many commercial contracts: to what extent must a court — confronted with a choice-of-law provision in a contract — incorporate the designated state's statutory and common law governing arbitrations even when doing so seems contrary to the Federal Arbitration Act ("FAA")?

I. Background

TIG Insurance Company ("TIG") and Security Insurance Company of Hartford...

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