In Tonic Star c. Allianz, the arbitration agreement required, for the appointment of the arbitrator, “not less than ten years experience of insurance or reinsurance”.
A QC with more than 10 years experience in such a field was appointed as arbitrator.
He was challenged on the ground that experience has to be in the business of insurance or reinsurance and not as a lawyer.
The High Court held on this ground that he was not qualified.
The Court of Appeal (par Leggat L.J.) held that there is no notion of insurance and reinsurance separate and distinct from the law of insurance and reinsurance, and then rejected the challenge.