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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.
Part I: The Bermuda Market and Form1: Introduction to the Bermuda Market2: Introduction to the Bermuda FormPart II: The Bermuda Form in Detail3: Conflict of Law Issues: Substantive Issues vs Procedural Issues4: Law of Construction and Interpretation Clause5: The Coverage Clause6: The Occurrence Reported Trigger7: Occurrence Definition8: Integration and Aggregation9: Requirement of Notice of Claim10: Attachment Point, Underlying Coverage and Limits of Liability11: Exclusions from Coverage12: Conditions under the Bermuda Form13: Misrepresentation and Non-Disclosure14: Waiver / Estoppel15: Use of the Bermuda Form for ReinsurancePart III: Dispute Resolution Under the Bermuda Form16: Conflict of Law Issues17: The Arbitration Agreement18: Team Assembly19: Commencement of the Arbitration20: Pre-hearing Activities21: Preparation for and Conduct of the Hearing22: Awards23: Challenges and Enforcement24: The Arbitrators' Ethical DutiesAppendicesI: Arbitration Act 1996II: Bermuda Arbitration ActIII: New York ConventionIV: Policy Form Exemplar;
David Scorey, Barrister, Essex Court Chambers, London, Richard Geddes, Partner, Sedgwick LLP, Chicago, and Chris Harris, Partner, Clyde & Co LLP, London
David Scorey is a member of Essex Court chambers and has a wide-ranging practice in international and domestic commercial law, litigating in both domestic courts and tribunals in addition to international arbitrations. He has acted in a wide variety of commercial disputes including insurance and reinsurance, particularly in respect of high level excess liability insurance on the Bermuda Form.
Richard Geddes is a Partner at Sedgwick LLP and co-chair of the firm's International Counseling and Arbitration Practice Group. He practices primarily in the areas of Insurance and Reinsurance counselling, litigation and arbitration and has extensive experience in coverage analysis, policy drafting, and claims management involving a wide variety of coverages.
Chris Harris is a litigation Parner at Clyde & Co with extensive commercial, insurance and reinsurance experience. He acts for major London, European, US and Bermudian insurers and his practice involves litigation and arbitration work
"This new publication will, without doubt, be universally welcomed by all those who regularly deal with the Bermuda Form policy and issues arising out of it, be they policyholders, insurers, brokers, lawyers or academics...the authors...are able, with their combined expertise, to adopt a necessary and yet seamlessly transatlantic approach to their analysis. The book is well structured and comprehensive, and goes beyond the usual parameters to include, for example, a useful chapter on the use of the form for reinsurance...This book will provide a most valuable additional tool to all those who work in this field." - Susannah Wakefield, TaylorWessing
"iThe Bermuda Formr is a tour de force on the interaction of English procedural law and New York substantive law. The clause-by-clause in-depth analysis of the various terms of iThe Bermuda Formr is excellent." - Rob Merkin, Journal of Business Law
