Practice

Arbitration for Insurance Claim Disputes

Quantum and coverage disputes in commercial insurance are common arbitration candidates — consumer policy disputes generally are not.

Published
28 Sep 2026
Read time
1 min read
Seat
Chennai

Commercial insurance policies — marine, property, business interruption, professional indemnity — frequently include arbitration clauses for disputes over the quantum of a claim or, less commonly, coverage itself, where both insurer and insured want a technically qualified decision-maker rather than a generalist court docket.

Consumer insurance disputes are treated differently: courts have generally held that an arbitration clause cannot override a policyholder's statutory right to approach a consumer forum, so this distinction matters when drafting or interpreting a policy's dispute resolution clause.

Quantum disputes in particular benefit from an arbitrator with genuine insurance or actuarial background — something a party can specifically request when nominating, but cannot guarantee in ordinary civil litigation.

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