Liability Insurance In International Arbitration

Author: Richard Jacobs
Publisher: Bloomsbury Publishing
ISBN: 1847318088
Size: 79.56 MB
Format: PDF, ePub
View: 4856

JOINT WINNER OF THE BRITISH INSURANCE LAW ASSOCIATION BOOK PRIZE 2012 This is the second, revised edition, of what has become and was described by the English Court of Appeal in C v D as the standard work on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but, surprisingly, subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom will also be required to confront the many differences between English and US legal culture. A related feature of the Form is that the awards of arbitrators are confidential and not subject to the scrutiny of the courts. Therefore, while many lawyers have been involved in litigating on the Bermuda Form their knowledge remains locked away. The Bermuda Form is thus not well understood, a situation not helped by the lack of publications dealing with it. Accordingly, those required to deal with the Form professionally are confronted with a lengthy and complex document, but with very little to aid their understanding of it. This unique and comprehensive work offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This is a book which will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and clients, lawyers or arbitrators involved in disputes arising therefrom. '?deserves to be in the library of anyone who is, or is contemplating becoming, a party to a Bermuda Form arbitration?The authors, whom we have been associated with in some cases and opposed in others, have a wealth of experience with the Bermuda Form and the ability to share that experience with their readers in a clear and engaging style.' From the foreword by Thomas R Newman and Bernard Eder QC

Liability Insurance In International Arbitration

Author: Richard Jacobs QC
Publisher: Hart Publishing
ISBN: 9781509917259
Size: 40.32 MB
Format: PDF, ePub, Docs
View: 1961

This is the third revised edition of what has become and was described by the English Court of Appeal in C v D as the "standard work" on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom is required to confront the many differences between English and US law and legal culture. In addition, since the awards of arbitrators are confidential and are not subject to the scrutiny of the courts, there is no body of precedent to which professionals can turn in order to understand its lengthy and complex provisions. This book, first published in 2004, was the first comprehensive analysis of the Bermuda Form. It is frequently cited in Bermuda Form arbitrations. It was the joint winner in 2012 of British Insurance Law Association Book Prize for the most notable contribution to literature in the field of law as it affects insurance. It offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This book will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and to clients, lawyers or arbitrators involved in disputes arising therefrom.

Liability Insurance In International Arbitration

Author: Richard Jacobs
Publisher: Hart Publishing
ISBN: 1841134678
Size: 35.45 MB
Format: PDF, Kindle
View: 365

The Bermuda Form excess insurance policy covers liabilities for catastrophes such as serious explosions or mass tort litigation. It is an 'occurrence reported' policy developed in the 1980's by two Bermudian insurance companies,Ace and XL, and it is now widely used by other insurance companies as well. It includes a clause requiring disputes to be arbitrated under English procedural rules in London but, very unusually, subject to New York substantive law. This calls for an unusual mix of knowledge and experience on the part of the lawyers involved, each of whom will also be required to confront the many differences between English and US legal culture.A related feature of the Form is that the awards of arbitrators are confidential and not subject to the scrutiny of the courts. Therefore, while many lawyers have been involved in litigating on the Bermuda Form their knowledge remains locked away. Thus, despite its considerable importance, the Bermuda Form is not well understood, a situation not helped by the lack of publications dealing with it. Accordingly, those required to deal with the Form professionally are confronted with a lengthy and complex document, but with very little to aid their understanding of it.This unique and comprehensive work offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This is a book which will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and clients, lawyers or arbitrators involved in disputes arising therefrom.

The Bermuda Form

Author: David Scorey
Publisher: Oxford University Press, USA
ISBN: 9780198754404
Size: 25.50 MB
Format: PDF, ePub, Docs
View: 6719

Providing analysis and interpretation on the construction of the Bermuda Form, this second edition also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it. The work has been thoroughly revised to take into account the major changes in the governing New York law since the first edition, as well as significant English case law such as AstraZeneca v ACE & XL. This case has had major implications for the interpretation of issues such as the recoverability of defence costs, assertion and proof of legal liability. The resulting trend towards brokers and insurers drafting endorsements intended to clarify intent, and the nature and efficacy of these endorsements, are also analysed in this edition. The implications for policyholders and insurers of the ACE Insurance Form 007 are also discussed at length. Providing valuable analysis of disputes involving the Bermuda Form, particularly concerning arbitrations, this work gives access to an otherwise closed arena and is an indispensible guide even for experienced practitioners in this field.

Policyholder S Guide To The Law Of Insurance Coverage

Author: Peter J. Kalis
Publisher: Aspen Publishers Online
ISBN: 1567063411
Size: 70.22 MB
Format: PDF
View: 1501

Annotation The first comprehensive guide to insurance law written from the corporate policyholder's perspective, Policyholder's Guide to the Law of Insurance Coverage provides expert guidance through the labyrinth of legal issues surrounding insuring instruments and underlying claims, plus practical strategies and legal arguments to help you secure coverage for contested claims. Policyholder's Guide addresses virtually every insurance-related legal issue you are likely to encounter in the regular course of business, as well as those issues unique to specialized industries or unusual situations including: Liability policies -- Special liability policies -- First-party policies -- Specialty first-party property policies -- Environmental -- Marine and aviation -- Toxic tort -- Copyright claims issues Litigation in insurance coverage disputes. Policyholder's Guide gives you in-depth analysis of the latest court decisions plus current policy language and cutting-edge legal arguments thatyou may use to advance your case. You also get hundreds of case citations, footnotes, cross-references, checklists and other useful aids to make legal research easy.

Insurance Coverage Litigation

Author: Eugene R. Anderson
Publisher: Aspen Publishers Online
ISBN: 073551173X
Size: 64.16 MB
Format: PDF, ePub, Docs
View: 2078

The absence of persuasive precedents may prevent some attorneys from framing the effective policyholder arguments in insurance coverage litigation. With Insurance Coverage Litigation, Second Edition, youand’ll discover how the experts analyze the facts to win your next insurance coverage case. This unique resource provides comprehensive examination of the full range of issues shaping insurance coverage cases being heard in the courts todayand—including the publicly available, but hard-to-find industry and“loreand” that savvy insurance practitioners use to win complex insurance coverage cases. Whichever side you represent in the billion dollar insurance coverage field, this work contains vital information you canand’t afford to be without when preparing a case for state or federal court. Insurance Coverage Litigation supplies: Extensive analyses of case law on insurance coverage issues arising under general liability insurance policies. Sample CGL Policy Forms. The most in-depth discussion of the drafting history of standard-form general liability insurance policy languageand—including language derived from the insurance industryand’s own representations to the public, governmental agencies, courts and policyholdersand—one of the most powerful tools available to policyholders. Easy-reference tables and state-by-state summaries that help you quickly grasp and compare court interpretations on a broad range of issues including the reasonable expectation doctrine, trigger of coverage and allocation, notice of claim or action, and insurability of punitive damages. Cutting edge analysis and guidance on rapidly evolving areas such as environmental liability, intellectual property disputes, and“cyberand” losses and liability, terrorism coverage, and more.

Compendium Of International Commercial Arbitration Forms

Author: Sigvard Jarvin
Publisher: Kluwer Law International
ISBN: 9789041185877
Size: 54.57 MB
Format: PDF, Mobi
View: 1223

Compendium of International Commercial Arbitration Forms is a collection of documents used in international commercial arbitration, both institutional and ad hoc. International arbitration of business disputes continues to rise dramatically. New people entering the international arbitration community from all continents require a systematic guide to draft the arbitration documents. In light of this, this book, first of its kind, provides with numerous practical examples of the documents involved in each step of an international arbitration proceeding taken from actual cases, under different arbitration rules and in different countries. This allows actual ready-to-adapt forms to be located quickly for any issue likely to arise and clearly illustrates the different drafting styles used in practice. What's in this book: In a single book, scores of documents are provided, including inter alia the following: request for arbitration; answer/counterclaim; claimant's reply to counterclaim; terms of reference; rules of procedure; timetable for submissions; procedural orders; written pleadings/statement of claim/defence; witness statements/depositions/affidavits; requests/orders for the production of documents/discovery; requests/orders on interim measures/security for costs; hearings; opening statement/closing statement; submissions on costs; awards/interim/partial/final/by consent; and requests/decisions on correction and interpretation of awards. Explanatory comments on more complex forms help to raise the readers' awareness on a specific issue or discussion. Emphasis throughout is on procedural aspects. How this will help you: No other book makes it so easy to find all the information necessary to prepare a case or take a decision in the context of international commercial arbitration. The readers can use these forms as such or adapt them taking into account the characteristics of their own cases and experiences. This compendium of forms thus answers the question of how to draft a form for a particular stage of arbitration. This book is of immeasurable value to corporate counsel, arbitrators and arbitration centres (especially newer ones in emerging markets), practitioners, lawyers and academics.

The Vienna Rules

Author: Franz T. Schwarz
Publisher: Kluwer Law International
ISBN: 904112344X
Size: 22.68 MB
Format: PDF, Mobi
View: 1710

This authoritative commentary examines the new Vienna Rules and the Austrian Arbitration Act that both came into effect on 1 July 2006 as the result of a major reform. Following a call for modernization, this reform has further enhanced the attraction of Austria as an arbitral seat and has reinforced the importance of the Centre for parties seeking to resolve international commercial disputes. While the Rules themselves have become widely known among lawyers and arbitrators, there has been no significant commentary or guidance available until the advent of this book. Set out as an article-by-article commentary, the authorsand’ expert guidance proceeds in conformance with international practice, reconciling approaches adopted in both common law and civil law traditions. Within this enormously valuable international perspective, the book provides in depth coverage of all details of arbitral procedure under the Vienna Rules and Austrian arbitration law, including: validity of arbitration agreement and jurisdictional disputes; appointment, rights and duties of arbitrators; liability of arbitrators; multiparty proceedings; challenge of arbitrators and experts; treatment of counter-claims; interim measures of protection; settlements and awards; and costs and fees in arbitration. The book provides the reader with a framework, and specific instruments, to negotiate arbitrations effectively and ensure that the process remains predictable, expeditious and fair. Drawing on extensive research into the practice of the International Arbitral Centre in Vienna, as well as on case law, academic writing, and the Actand’s legislative history, this book will be of great value to corporate counsel, international lawyers, and arbitrators, as well as to students of dispute resolution.

Insurance Law In Japan

Author: Noboru Kobayashi
Publisher: Kluwer Law International
ISBN: 9041136134
Size: 71.54 MB
Format: PDF
View: 5742

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides valuable practical insight into both public supervisory legislation concerning insurance and private insurance contract law in Japan. An informative general introduction surveying the legal, political, financial, and commercial background and surroundings of insurance provides a sound foundation for the specific detail that follows.

Concise Arbitration

Author: Mistelis
Publisher: Kluwer Law International
ISBN: 9041126090
Size: 27.57 MB
Format: PDF
View: 7247

Concise International Arbitration is part of Kluwer Law International's 'Concise' series. These publications have proven enormously valuable to busy practitioners who require a succinct, accessible and authoritative commentary on the most commonly-used instruments, unencumbered by dense legal argument. Each book in the series breaks down the relevant texts by article and by each paragraph of the article, followed by one or more notes. The intention is to give the reader a rapid appreciation of the meaning and effect of each provision and to point in the right direction should further information (e.g., case law) be needed.