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Arbitration—Reinsurance

08 November 2017
Issue: 7769 / Categories: Case law , Law digest , Insurance / reinsurance , Arbitration , In Court
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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