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ค าชี้ขาดเกี่ยวกับสัญญาประกันภัย

37. Case No.(Red) 82/2560
Issues to be determined: 1. The Question of Jurisdiction of the Arbitral Tribunal

2. Validity of Claim as submitted by the Claimant
3. Liability of the Respondent in respect of the claims
4. Amount of claims payable by the Respondent

5. Interest payable on the above
6. Arbitration expenses and fees payable by which party(ies) and

to what extent.
After taking examination, the Claimant and the Respondent entered into four automatic

forms of reinsurance contracts. Payment disputes arose between the parties soon after the 2011
calamitous flood events in Thailand when the Respondent allegedly stopped paying its reinsurance

liabilities. The flood losses adversely affected three reinsurance treaties, the Non Marine Surplus,
the New Special Surplus and the Whole Account Excess for the underwriting year 2011 only. Their other

underwriting years and also the Engineering First surplus have become collateral damage from
the disruption of reinsurance settlements. The Claimant finally seeks for an award of the Arbitral Tribunal

to be rendered in its favor and for directing the Respondent to indemnity the Claimant. For the first
issue the Arbitral Tribunal finds and decides that although the parties do not expressly agree to have
their disputes under the multiple reinsurance treaties’ arbitration clause resolved in a consolidated

arbitration, there are no express prohibition for consolidation either. As it is a threshold procedural issue,
the Arbitral Tribunal which had been appointed under all the subject-matter arbitration agreements

made the decision to hear all the claims in a single set of proceedings. For the second issue the Tribunal
acknowledges that several reinsurance treaties are on run-off basis. This means insured risks that are

still in force at the end of a given underwriting year will continue to be covered under the original under
writing year until their natural expiry. Accounts will be rendered in respect of those unexpired risks on

a quarterly basis as usual. Claims will be treated in the same way. Activities involving premium and
losses will occur under the treaties for those underwriting years until there are no unexpired risks and
outstanding losses left. The run-off situations account for the discrepancies in the Claimant’s claim

amounts on 23 August 2013 and the amounts compiled as at 30 June 2014. From the evidence produced

by the Claimant, there have been further developments as a result of some of the reinsurance treaties