Full Description
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. In addition, the second edition reflects the authors recent experience of arbitrations and how disputes have been resolved by arbitrators.
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.
Contents
Part I: The Bermuda Market and Form
1: Introduction to the Bermuda Market
2: Introduction to the Bermuda Form
Part II: The Bermuda Form in Detail
3: Conflict of Law Issues: Substantive Issues vs Procedural Issues
4: Law of Construction and Interpretation Clause
5: The Coverage Clause
6: The Occurrence Reported Trigger
7: Occurrence Definition
8: Integration and Aggregation
9: Requirement of Notice of Claim
10: Attachment Point, Underlying Coverage and Limits of Liability
11: Exclusions from Coverage
12: Conditions under the Bermuda Form
13: Misrepresentation and Non-Disclosure
14: Waiver / Estoppel
15: Use of the Bermuda Form for Reinsurance
Part III: Dispute Resolution Under the Bermuda Form
16: The Arbitration Agreement
17: Team Assembly
18: Commencement of the Arbitration
19: Pre-hearing Activities
20: Preparation for and Conduct of the Hearing
21: Awards
22: Interests and Costs
23: Challenges and Enforcement
24: The Arbitrators' Ethical Duties
Appendices
Appendix: Policy Form Exmplar
