Insurance and reinsurance arbitration—procedure and tactics
Produced in partnership with Ralph Morley of 7KBW
Practice notesInsurance and reinsurance arbitration—procedure and tactics
Produced in partnership with Ralph Morley of 7KBW
Practice notes
Arbitrations arising from insurance and reinsurance disputes share many common features with other types of commercial arbitration but have some distinctive features. This Practice Note covers the distinctive features of insurance and reinsurance arbitrations and provides guidance on arbitral procedure and tactics in an insurance and reinsurance context.
For information of the types of insurance arbitration, including ad hoc arbitration, institutional arbitration and Bermuda Form arbitrations, see: Understanding institutional and ad hoc arbitration—overview and Practice Note: Insurance and reinsurance arbitration—an introduction.
Distinctive features of insurance arbitrations
Common distinctive features of insurance arbitration, considered in more detail below, include:
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multiple arbitrations on similar facts, which can raise issues concerning:
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appointment of arbitrators
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consolidation of proceedings
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disclosure of information obtained in one set of proceedings in another
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a potential imbalance of information relating to the facts of the underlying dispute between the insured and the insurer. Often the insured is better placed to have knowledge of the circumstances of a loss and possesses more of the relevant documents. This is
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Reinsurance definition
What does Reinsurance mean?
An insurance policy covering an insurer’s exposure to a policy or class of policies that it has insured. Proportional reinsurance is written on an agreed percentage of risk, as opposed to non-proportional or excess of loss insurance, which responds once the limit of the underlying layers have been eroded.
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