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08 November 2017
Issue: 7769 / Categories: Case law , Law digest , Insurance / reinsurance , Arbitration , In Court
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Arbitration—Reinsurance

Tonicstar Ltd (on its own behalf and on behalf of the other corporate members of Lloyd's Syndicates 62, 1861 and 2255) v Allianz Insurance plc (Formerly Cornhill Insurance plc) and another [2017] EWHC 2753 (Comm), [2017] All ER (D) 46 (Nov)

The court had the power to remove an arbitrator on the grounds that he did not possess the necessary qualifications, pursuant to s 24(1) of the Arbitration Act 1996. Further, applying settled law, a Queen's Counsel, with considerable experience as a lawyer in insurance and reinsurance disputes, was not qualified to act as an arbitrator, within the meaning of cl 15.5 of a contract of reinsurance (incorporating the Joint Excess Loss Committee excess loss clauses). Where cl 15.5 had been adopted, the tribunal was to consist of persons from the trade or business of insurance and reinsurance. The Commercial Court so ruled in granting the claimant's application for an order that a QC be removed as an arbitrator on the ground that he was not qualified to act as such. The application arose out of

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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