Legal News

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

Insurance QC not deemed to have ‘experience of insurance’ (Tonicstar v Allianz)
Published on: 07 November 2017
Published by: LexisPSL
  • Insurance QC not deemed to have ‘experience of insurance’ (Tonicstar v Allianz)
  • 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. or take a trial to read the full analysis.

Popular documents