This article has been published as Chan, Two vexed issues in arbitration — The joinder of third parties and the arbitrability of indemnity issues — (2021) 31 ILJ 85.  It looks at the approach of Australian courts to the extended definition of ‘party’ contained in the International Arbitration Act 1974 (Cth) and the domestic Commercial Arbitration

In Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian Branch (t/as Liberty Specialty Markets), 1 Icon sought declarations from the first respondent (Liberty), its contract works and third party liability insurer, and the second respondent (QBE), its product liability insurer that it was entitled to indemnity under the two policies of insurance.

In Bank of Queensland Ltd v AIG Australia Ltd, 1 the New South Wales Court of Appeal had to determine how many claims had been made against Bank of Queensland Ltd (BOQ) under a civil liability claims made policy with a limit of liability of $40 million for all claims and a retention of $2

In Epsilon Insurance Broking Services Pty Ltd v Liberty Managing Agency Ltd, 1 Allsop CJ determined the preliminary issue of whether the Federal Court had jurisdiction to hear Epsilon’s claim for equitable contribution from the respondent insurers. The basis of the claim was double insurance. The case involves the construction of two policies of insurance

In Globe Church Inc v Allianz Australia Insurance Ltd, the New South Wales Court of Appeal construed an Industrial Special Risks Insurance Policy (Policy) to determine when the cause of action for breach of contract had accrued. Globe Church, the insured, had suffered property damage due to rainwater and flooding from 8 June 2007. The