header-logo header-logo

Arbitration—Reinsurance

08 November 2017
Issue: 7769 / Categories: Case law , Law digest , Insurance / reinsurance , Arbitration , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll