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ARTICLE · 07 SEPTEMBER 2021

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COVID-19 Public Policy Considerations Insufficient To Render A Dispute Non-Arbitrable

Dillon Eustace
Dillon Eustace
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Dillon Eustace

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Charwin Limited T/A Charlie's Bar v Zavarovalnica Sava Insurance Company D.D [2021] IEHC 489...

IrelandLitigation, Mediation & Arbitration

Charwin Limited T/A Charlie's Bar v Zavarovalnica Sava Insurance Company D.D [2021] IEHC 489

The High Court has found that the circumstances of the COVID-19 pandemic, although entirely unprecedented, do not trigger sufficient public policy considerations to require a dispute to be determined in a public court as opposed to a private arbitration.

Background

The plaintiff company, the owner and operator of a public house trading as ‘Charlie's Bar', commenced proceedings against the defendant, its insurer, arising from the closure of the plaintiff's public house on 15 March 2020 due to COVID-19 and the defendant's refusal to provide an indemnity to it under its insurance policy.

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