Contractual Interpretation

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7^th Circuit Court of Appeals

Case Name: Pine Top Receivables of Illinois, LLC v. Transfercom, Ltd

Case No.: 16-1073

Officials: EASTERBROOK and WILLIAMS, Circuit Judges and YANDLE, District Judge.∗

Focus: Contractual Interpretation

“Service of suit” clause in contract unambiguously allows to select forum for litigating.

“Read as a whole, the reinsurance agreement requires Transfercom to submit to the jurisdiction of any court of competent jurisdiction chosen by PTRIL, whether it be to determine the arbitrable nature of the dispute, to confirm an arbitration award, to compel arbitration, or to resolve on the merits, a claim not subject to arbitration—including PTRIL’s breach of contract claim. See e.g., Travelers Ins. Co. v. Keeling, 996 F.2d 1485, 1490 (2d Cir. 1993); Century Indem. Co. v. Certain Underwriters at Lloyd’s, London, subscribing to Retrocessional Agreement Nos. 950548, 950549, 950646, 584 F.3d 513, 554 (3d Cir. 2009) (service of suit clauses compliment rather than negate accompanying arbitration clauses).”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.