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Arbitrator qualifications - does an insurance barrister have “experience of insurance”?

Overview

In Allianz Insurance Plc & Anor v Tonicstar Ltd [2018] EWCA Civ 434, the Court of Appeal decided that an arbitration clause which provided that the arbitrators must have "not less than ten years' experience of insurance" did not preclude an insurance QC from sitting as arbitrator. In doing so, it overturned a previous decision on the interpretation of standard insurance clauses which had stood for 17 years. 

 

This case study looks at the clauses in question and the impact of this decision.