Behind the Bermuda Form: the gnostic world of excess liability insurance disputes
5 Jun
14:00 - 15:30
A panel of experienced insurance practitioners and arbitrators, who have represented both insurers and policyholders, provide their insights into the specialist world of insurance arbitration, with a focus on the secret arena of disputes under Bermuda Form policies. Bermuda Form policies are (typically) governed by modified New York law and provide for disputes to be resolved in arbitration, usually under English procedural law. The meeting of two different legal systems presents unique challenges for parties.
The panel will examine some of the legal and practical issues that arise in these complex, high-value insurance disputes, which are normally protected by strict confidentiality obligations.
Topics that will be covered include
(1) cross-border legal issues (disclosure / discovery and legal privilege);
(2) cross-border practical issues (locations of documents/records and witnesses);
(3) culture clashes (UK vs US and the role of the Tribunal); and
(4) tips for managing complex insurance arbitrations.
Speakers
- Catherine Lewis, Counsel (moderator) - Reed Smith LLP
- David Scorey KC - Essex Court Chambers
- Emma Ager, Partner - Clyde & Co LLP
- John Ellison, Partner - Reed Smith LLP
Members Hosts
- Reed Smith
- Essex Court Chambers
- Clyde & Co LLP
