CL-2023-000064 - [2025] EWHC 1870 (Comm)

This last is a short point about a familiar clause, of a type which is often included in property insurance policies. It provides:

“If any difference shall arise as to the amount to be paid under this Certificate (liability being otherwise admitted) such difference shall be referred to an arbitrator to be appointed by the parties in accordance with the statutory provisions in that behalf for the time being in force. Where any difference is by this condition to be referred to arbitration the making of an award shall be a condition precedent to any right of action against the Insurer.”

I note that “Certificate” is the word used for the Policy.

The issue I am asked to resolve is as follows:

“In the circumstances of this case, does the Arbitration Agreement apply to the determination of the quantum of the Claimants’ claims (i.e., the issues in section C6 below) once issues of liability, construction and/or law are resolved?”