HAYTER V NELSON HOME INSURANCE COMPANY (THIRD PARTY)

(1991) 1 Re LR 119

Queen’s Bench Division Commercial Court

Before Mr Justice Saville

Arbitration - Arbitration clause - Meaning of “disputes” and “differences” - Whether difference existed between parties to retrocession treaty - Meaning of “there is not in fact any dispute between the parties” - Arbitration Act 1975 section 1(1).

Practice - Procedure - Application for summary judgment - Arbitration agreement between parties - Whether readily and immediately demonstrable that respondent had no good grounds for disputing claim - Whether court could be satisfied that there was not any dispute between parties - Whether third party retrocessionnaire could be bound by judgment and award against reinsured - Effect of “follow the fortunes” clause.