23 May 2018
In the recent English case of Allianz Insurance Plc and Sirius International Insurance Corporation v Tonicstar Limited  EWCA Civ 434, the English 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 English Court of Appeal's answer: yes, it can. This case highlights the due care and attention required to draft arbitration agreements, particularly those containing arbitrator qualification requirements.
Guidance on drafting arbitration agreements containing arbitrator experience requirements