Liability Insurance in International Arbitration

The Bermuda Form
2. Auflage 2011
ISBN: 978-1-84113-875-6
Verlag: Hart Publishing

Buch, Englisch, 414 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 898 g

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

Autoren/Hrsg.

Jacobs QC, Richard

Masters, Lorelie S

QC, Paul Stanley

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Inhaltsverzeichnis

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

Über Autor(innen)

Masters, Lorelie S
Lorelie S Masters was educated at Georgetown University and Notre Dame Law School. She is a Partner at Hunton & Williams LLP, in Washington, DC, USA, where she advises and represents policyholders in insurance coverage and litigation. She is co-author of a treatise entitled Insurance Coverage Litigation (Aspen Publishers, 2nd Edition, 1999 and Supps).

QC, Paul Stanley
Paul Stanley QC was educated at Cambridge University and Harvard Law School and is a barrister at Essex Court Chambers, UK, specialising in commercial law, including insurance and arbitration law. He appears as leading counsel in court and arbitration proceedings and is the author of The Law of Confidentiality: A Restatement (Hart Publishing, 2008).

Jacobs QC, Richard
Richard Jacobs QC practised as a barrister at Essex Court Chambers, UK, for nearly 40 years, specialising in commercial law. In 2018, he was appointed a judge in the Queen's Bench Division of the English High Court, where he spends most of his time on commercial cases in the Commercial Court.

Richard Jacobs QC was educated at Cambridge University and is a barrister at Essex Court Chambers in London, specialising in commercial law, including insurance and arbitration law. He appears as leading counsel in court and arbitration proceedings and has acted as arbitrator in various disputes including Bermuda Form arbitrations. Lorelie S Masters was educated at Georgetown University and Notre Dame Law School. She is a Partner at Perkins Coie LLP, in Washington, DC, where she advises and represents policyholders in insurance coverage and litigation. She is co-author of a treatise entitled Insurance Coverage Litigation (Aspen Publishers, 2nd Edition, 1999 and Supps). Paul Stanley QC was educated at Cambridge University and Harvard Law School and is a barrister at Essex Court Chambers specialising in commercial law, including insurance and arbitration law. He appears as leading counsel in court and arbitration proceedings and is the author of The Law of Confidentiality: A Restatement (Hart Publishing, 2008).