Arbitration: Court Has Jurisdiction To Lift Stay

The claimants in Jephson and Jephson v Aviva Insurance Ireland DAC [2024] IEHC 309, issued proceedings before the High Court (Court) in 2019 arising out of a refusal by the respondent to indemnify them in respect of a claim made under an insurance policy arising out of property damage caused by subsidence or landfall (Proceedings).

The respondent alleged that the insurance policy specifically excluded this type of property damage. The respondent applied for a stay on the Proceedings under Article 8 of the UNCITRAL Model Law, to allow the issues to be referred to and determined by arbitration. That application was conceded, and the parties concluded agreed terms, under which they agreed to refer the matter to arbitration and an undertaking from the respondent's solicitors and on its behalf to participate in the arbitration in a timely manner. On foot of the agreed order, the Court made a formal order in January 2020 referring the matter to arbitration and staying