LINCOLN NATIONAL LIFE INSURANCE CO. v. SUN LIFE ASSURANCE CO. OF CANADA AMERICAN PHOENIX LIFE AND REASSURANCE CO. PHOENIX HOME LIFE MUTUAL INSURANCE CO.

[2004] 1 Lloyd's Rep. 737

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Toulson

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.