English court gets it wrong, ... again!
Simon Sloane FCIArb
![Simon Sloane FCIArb]()
Simon Sloane FCIArb
Partner, Co-head of International Arbitration Group, Fieldfisher
Tonicstar Ltd & ors v Allianz Insurance Plc & Anor [2017] EWHC 2753 (Comm) (06 November 2017)
The English court excludes the appointment of an arbitrator who is well known and highly regarded in the insurance and reinsurance sector. What utter nonsense. The required clause states:
"Unless the parties otherwise agree the arbitration tribunal shall consist of persons with not less than ten years' experience of insurance or reinsurance."
The English courts need to be braver when giving effect to Lord Hoffmann's view on contract interpretation - apply the natural and ordinary meaning to words in the contract and forget strict rules and bad precedent.