Whether a provision of state law prohibiting mandatory arbitration in a policy of insurance issued by a foreign insurer is preempted by the Federal Arbitration Act or does the McCarran-Ferguson Act reverse-preempt the Federal Arbitration Act

QUESTION PRESENTED The McCarran-Ferguson Act provides that no “Act of Congress” shall preempt “any law enacted by any State for the purpose of regulating the business of insurance. . .” 15 U.S.C. § 1012(b). Washington State law prohibits mandatory arbitration provisions in insurance policies. The Federal Arbitration Act (FAA), 9 U.S.C. §§ 201-08, requires arbitration of certain matters involving foreign entities. The question presented is: Whether a provision of state law prohibiting mandatory arbitration in a policy of insurance issued by a foreign insurer is preempted by the Federal Arbitration Act or does the McCarranFerguson Act reverse-preempt the Federal Arbitration Act. (i) ii RULE 29.6 DISCLOSURE STATEMENT Petitioner CLMS Management Services Limited Partnership advises that it has no parent corporation and that no publically held corporation owns more than 10% of its stock. Petitioner Roundhill I, L.P., advises that it is has no parent corporation and that no publically held corporation owns more than 10% of its stock.