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Sun Life & Phoenix -v- Lincoln National

10th Dec 2004

[2006] 1 All ER (Comm) 675; [2005] 1 Lloyd’s Rep. 606; [2004] 1 Lloyd’s Rep. 737

Dominic Kendrick QC and Jawdat Khurshid acted in this claim in arbitration by reinsureds against whole account reinsurers in connection with a portfolio of accident and health business, the reinsureds having previously made a claim against specific reinsurers. The appeal from this arbitration concerned the effect in a reinsurance dispute of a previous award and defined the limits of issue estoppel.

Arbitration – Error of law – Reinsurance – Arbitrators in first arbitration holding that reinsurers were entitled to avoid reinsurance agreement and that but for avoidance the reinsurance was applicable – Arbitrators in second arbitration holding that first arbitrators had not dealt with coverage issue and held that reinsurance was not applicable – Whether arbitrators in second arbitration had erred in law by misinterpreting award in first arbitration – Whether error of law relating to formation of reinsurance agreement – Whether serious irregularity in accepting undertaking of counsel that full disclosure had been made – Arbitration Act, 1996, ss. 68 and 69.