Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


This book is now Out of Print.
A new edition has been published, the details can be seen here:
Liability Insurance in International Arbitration: The Bermuda Form 3rd ed isbn 9781509917259

Liability Insurance in International Arbitration: The Bermuda Form 2nd ed


ISBN13: 9781841138756
New Edition ISBN: 9781509917259
Previous Edition ISBN: 1841134678
Published: January 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print




Also available as
£144.00

This is the second, revised edition, of what has become 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.

Subjects:
Insurance Law, Arbitration and Alternative Dispute Resolution
Contents:
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