Harper Versicherungs AG v Indemnity Marine Assurance Co Ltd
Abstract
23 June 2006 Tomlinson J Commercial Court [2006] EWHC 1500 [2006] ArbLR 36 Arbitration proceedings--Commencement--Jurisdiction--Parties--Transfer to third party--Arbitration commenced in name of original parties rather than third party--Whether arbitration a nullity (no)--Whether mere misnomer (yes) Arbitration proceedings--Jurisdiction--Arbitrator appointed to determine amounts `currently due and owing'--Additional claims made during the arbitration--Whether arbitrator had jurisdiction over additional claims (yes) Arbitrator has jurisdiction where misnomer in name of claimants Harper and others, as reinsurers, concluded a contract of reinsurance with Indemnity Marine and London and Scottish. The reinsurers stopped underwriting and Castlewood handled claims against them. The reinsureds were managed by Resolute. Disputes arose as to whether the treaty included asbestos, pollution, and health hazard losses. A request by Castlewood for inspection of records was refused. Resolute commenced arbitration in the name of Indemnity Marine and London and Scottish unaware that the business of these two companies had been transferred to Ocean Marine under the Financial Services and Markets Act 2000. The reinsurers denied the existence of an arbitration agreement. A sole arbitrator was appointed to deal with `all sums currently due and owing'. He issued an award upholding jurisdiction and the reinsurers accepted that there was an arbitration agreement. The