Liability Insurance in International Arbitration : The Bermuda Form

ISBN-13: 9781841138756 / Angielski / Twarda / 2011 / 414 str.

Richard Jacobs

Opis

This is the second, revised edition, of what has become and was described by the UK's 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 Bermuda 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 Form, their knowledge remains locked away. The Form is thus not well unders

Spis treści

1 THE LEGAL AND ECONOMIC ORIGINS OF THE BERMUDA FORM 2 THE BERMUDA FORM: ITS BASIC STRUCTURE 3 CHOICE-OF-LAW ISSUES UNDER THE BERMUDA FORM 4 INTERPRETATION OF THE BERMUDA FORM AND THE MODIFICATION OF NEW YORK LAW 5 THE COVERAGE CLAUSE 6 THE DEFINITION OF 'OCCURRENCE' 7 FORTUITY, EXPECTED OR INTENDED, AND THE 'MAINTENANCE DEDUCTIBLE' 8 NOTICE OF OCCURRENCE 9 ARTICLE II: THE EXCESS POINT AND LIMITS OF LIABILITY 10 THE EXCLUSIONS 11 THE CONDITIONS 12 MISREPRESENTATION AND NON-DISCLOSURE 13 WAIVER AND ESTOPPEL AND RESERVATIONS OF RIGHTS 14 COMMENCING A BERMUDA FORM ARBITRATION AND APPOINTING ATTORNEYS AND ARBITRATORS 15 THE COURSE AND CONDUCT OF A BERMUDA FORM ARBITRATION IN LONDON 16 DISCOVERY, PRIVILEGE AND WAIVER OF PRIVILEGE 17 INTEREST AND COSTS