Insurance QC not deemed to have ‘experience of insurance’ (Tonicstar v Allianz)

Table of contents

• Original news
• What are the practical implications of this judgment?
• Precedent
• Industry-specific
• ‘Commercial man’
• What is the background to this application?
• What did the judge decide?
• Case details

Article summary

Arbitration analysis: In a Commercial Court decision, Teare J was bound under a duty of precedent to follow a first instance decision on the construction of an arbitration clause. It was held that in the context of the default appointment procedure, the parties had opted for a ‘trade arbitration’, so a provision for arbitrators to have ‘experience of insurance or reinsurance’ was limited to experience acquired in the trade or business of insurance and reinsurance only, excluding a QC whose experience was gained working on behalf of that industry.