Insurance and reinsurance disputes are often resolved through arbitration. With arbitration, the dispute is resolved by a single arbitrator or, in certain instances, a panel of arbitrators. The composition and qualifications of the panel are generally determined in advance based on what is set forth in the arbitration clause in the operative policy. While finding qualified arbitrators with the requisite experience is laudable and encouraged, sometimes the qualifications may limit the pool of potential arbitrators too narrowly, excluding qualified neutral arbitrators.
A recent English decision, Allianz Insurance PLC v. Sirius International Insurance Corporation (Allianz) [2017] EWHC 2753 (Comm), illustrates how tricky qualification provisions can be and the importance of having such provisions drafted in a clear and unambiguous fashion.
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