Insurance Arbitration – successful representation of policyholder
Upon the initiation of the arbitration proceedings in 2020, the insurer raised the objection of lack of jurisdiction, contesting the validity of the arbitration agreement contained in the insurance policy. The insurer's main argument was that the provisional cover note ("insurance binder" or "binding slip") issued prior to the commencement of the policy year contained a clause stipulating the jurisdiction of state courts.
The tribunal bifurcated the question concerning jurisdiction. After two full rounds of submissions (incl. document production), the tribunal rendered a thorough award on jurisdiction in which it fully upheld the policyholder's position, confirming that the insurance policy overruled the provisional cover note and, thus, confirming the validity of the arbitration agreement as agreed in the insurance policy.
The team consists of Roberto Dallafior, Benjamin Schumacher and Tobias Thaler.
Nater Dallafior successfully defends Holmer Maschinenbau GmbH from Germany against a Russian-controlled company seated in Zug (Switzerland) in an international arbitration administered by the Vienna International Arbitration Centre (VIAC) ›
Nater Dallafior successfully defends a public hospital against personal injury claims brought by a former patient. The state court proceedings were introduced in 2011 and included complex expert witness reports on alleged medical malpractice. ›