Reinsurance and ArbitrationAuthors: Timothy Price
On 3 September 2010, the High Court granted special leave to appeal the decision of the New South Wales Court of Appeal in Gordian Runoff Limited v Westport Insurance Corporation  NSWCA 57 paving the way for the rare consideration of a reinsurance dispute by the High Court. This article reports on the special leave application and comments on the likely significance of the appeal. The appeal is expected to deal with the applicable criteria for appeals from arbitrators and the application of section 18B(1) of the Insurance Act 1902 (NSW). The arbitration issues in particular will be of significant interest to the reinsurance industry and all users of commercial arbitration.
Significant cases, legislation or articles referred to
- Gordian Runoff Limited v Westport Insurance Corporation  NSWCA 57
- Insurance Act 1902 (NSW)
- Commercial Arbitration Act 2010
- HIH Casualty & General Insurance v R J Wallace (2006) 68 NSWLR 603
- Oil Basins v BHP Billiton (2007) 18 VR 346