Alert: Serious irregularity found in coverage dispute arbitration (Oldham v QBE Insurance)

Table of contents

• Original news
• Why is the judgment of interest?
• Court details

Article summary

Arbitration analysis: Mr Justice Popplewell in the Commercial Court dismissed an appeal on a point of law against an arbitral award brought by a claimant litigant in person pursuant to section 69 of the Arbitration Act 1996 (AA 1996). The court concluded that the arbitrator made no error regarding his conclusion that the claimant’s professional indemnity insurer (the defendant) was entitled to repayment of defence costs incurred by the claimant in defending litigation proceedings. However, the court upheld the claimant’s AA 1996, s 68 serious irregularity challenge in respect of costs and payment on account of costs determination finding that the claimant was denied a fair opportunity to present his case. The court also granted the claimant extensions of time to make his applications.