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08 November 2017
Issue: 7769 / Categories: Case law , Law digest , Insurance / reinsurance , Arbitration , In Court
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Arbitration—Reinsurance

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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MOVERS & SHAKERS

Clarke Willmott—Megan Bradbury

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Howard Kennedy—Paul Moran

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Cripps—Radius Law

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Commercial and technology practice boosted by team hire

NEWS
Pathfinder courts—renamed ‘Child focused courts’—are to be rolled out nationally, following a successful pilot where backlogs halved and cases were resolved up to seven and a half months faster
The Court of Appeal has unanimously dismissed a £385,000 costs order against a father, in a case that centred on what is required to meet the threshold of ‘reprehensible or unreasonable’ behaviour
Centuries-old burial laws would be overhauled, under Law Commission proposals to address the burgeoning problem of shortage of cemetery space
The government has committed an extra £32m to women’s charities and services tackling addiction, trauma, abuse and homelessness
The Financial Ombudsman is poised for major reform to return it to a simple, impartial dispute resolution service
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