Clifford Chance

The challenge of experience: Allianz Insurance Plc and Sirius International Insurance Corporation v Tonicstar Limited [2018] EWCA Civ 434

20 April 2018

In the recent case of Allianz Insurance Plc and Sirius International Insurance Corporation v Tonicstar Limited [2018] EWCA Civ 434, the Court of Appeal revisited the question of whether a contractual requirement for an arbitrator to have "experience of insurance or reinsurance" could be satisfied by lawyers whose only experience of insurance or reinsurance is derived through their legal practice. The Court of Appeal's answer: yes, it can. In addition to providing guidance on qualification requirements for arbitrators, the Court of Appeal's judgment contains some noteworthy reasoning, including in relation to the doctrine of stare decisis.

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