Liability Insurance In International Arbitration

Author: Richard Jacobs
Publisher: Bloomsbury Publishing
ISBN: 1847318088
Size: 70.85 MB
Format: PDF, ePub
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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

The Bermuda Form

Author: David Scorey
Publisher: Oxford University Press, USA
ISBN: 9780198754404
Size: 11.53 MB
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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.

Insurance Coverage Litigation

Author: Eugene R. Anderson
Publisher: Aspen Publishers Online
ISBN: 073551173X
Size: 41.61 MB
Format: PDF
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The absence of persuasive precedents may prevent some attorneys from framing the effective policyholder arguments in insurance coverage litigation. With Insurance Coverage Litigation, Second Edition, youand’ll discover how the experts analyze the facts to win your next insurance coverage case. This unique resource provides comprehensive examination of the full range of issues shaping insurance coverage cases being heard in the courts todayand—including the publicly available, but hard-to-find industry and“loreand” that savvy insurance practitioners use to win complex insurance coverage cases. Whichever side you represent in the billion dollar insurance coverage field, this work contains vital information you canand’t afford to be without when preparing a case for state or federal court. Insurance Coverage Litigation supplies: Extensive analyses of case law on insurance coverage issues arising under general liability insurance policies. Sample CGL Policy Forms. The most in-depth discussion of the drafting history of standard-form general liability insurance policy languageand—including language derived from the insurance industryand’s own representations to the public, governmental agencies, courts and policyholdersand—one of the most powerful tools available to policyholders. Easy-reference tables and state-by-state summaries that help you quickly grasp and compare court interpretations on a broad range of issues including the reasonable expectation doctrine, trigger of coverage and allocation, notice of claim or action, and insurability of punitive damages. Cutting edge analysis and guidance on rapidly evolving areas such as environmental liability, intellectual property disputes, and“cyberand” losses and liability, terrorism coverage, and more.

Concise Arbitration

Author: Mistelis
Publisher: Kluwer Law International
ISBN: 9041126090
Size: 73.86 MB
Format: PDF, Kindle
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Concise International Arbitration is part of Kluwer Law International's 'Concise' series. These publications have proven enormously valuable to busy practitioners who require a succinct, accessible and authoritative commentary on the most commonly-used instruments, unencumbered by dense legal argument. Each book in the series breaks down the relevant texts by article and by each paragraph of the article, followed by one or more notes. The intention is to give the reader a rapid appreciation of the meaning and effect of each provision and to point in the right direction should further information (e.g., case law) be needed.

Business Income Insurance Disputes

Author: Richard P. Lewis
Publisher: Aspen Publishers Online
ISBN: 1454824441
Size: 10.16 MB
Format: PDF, ePub, Mobi
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Unexpected business disruptions and income losses can be triggered by many events: by large-scale disasters - hurricanes, floods, earthquakes, explosions - but also by relatively minor happenings such as a local blackout, computer outages, even something as simple as a street closing. What's more, in today's global economy, major business interruptions can be caused by events far away - a breakdown in goods production in Taiwan or a power failure in India. Business Income Insurance Disputes, Second Edition helps you prepare for any eventuality. It covers everything from the basics of first-party property insurance and case law which impacts time-element coverages - to practical strategies for dealing with today's most complex business income insurance law issues and questions. Unlike the majority of books in this field, this new guide focuses primarily on the side of the policyholder. Yet it will prove useful to insurance company counsel and executives as well, giving them valuable insights into the insured's strategies In clear, plain-English terms Business Income Insurance Disputes, Second Edition helps you.... Provide sound insurance advice to your clients or company Review business income insurance forms; resolve problems stemming from vaguely-worded language; see that coverage is sufficient and all necessary clauses are included Determine the rate of loss accurately and prove that loss Protect against common insurance company tactics Negotiate effectively Avoid pitfalls and costly omissions Anticipate court responses Gain the winning edge in litigation

International Commercial Arbitration

Author: Gary Born
Publisher:
ISBN: 9789041152190
Size: 73.66 MB
Format: PDF, Mobi
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V.3: " ... provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis."--Descripción del editor.

Third Party Funding In International Arbitration

Author: Lisa Bench Nieuwveld
Publisher:
ISBN: 9789041161116
Size: 43.41 MB
Format: PDF, Mobi
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About this book: Third-Party Funding in International Arbitration expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users who may wish to tap into and make use of this distinctive funding tool. Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. The second edition includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on third-party funding and how third-party funding is being incorporated into arbitral rules and investment treaties. What's in this book: Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: payment of adverse costs; "Before-the-Event" and "After-the-Event" insurance; attorney financing: pro bono representation, contingency representation, conditional fee arrangements; loans; ethical doctrines affecting the third-party funding industry; possible future bundling, securitization, and trading of legal claims; the risk that the funder may put its own interests ahead of the client's interests; and whether the existence of a funding agreement must or should be disclosed to the decision maker. This updated book is well written and covers an interesting, topical, and previously unexplored aspect of international arbitration, and it concludes with observations regarding third-party funding in international investment arbitration and predictions regarding the future of the third-party funding industry worldwide. How this will help you: This book ensures appropriate legal knowledge of worldwide jurisdictions' treatment of third-party funders and proceeds confidently through the maze of unresolved ethical considerations that arise when third-party funding is involved. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Substantive Law In Investment Treaty Arbitration

Author: Monique Sasson
Publisher: Kluwer Law International
ISBN: 9041132236
Size: 62.76 MB
Format: PDF, Mobi
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The difficult coexistence of municipal law and international law is nowhere more evident than in the context of investment treaty disputes. Investment treaty arbitral tribunals commonly address, as a matter of international law, an alleged breach of a contract (or other legal obligation concerning an investment) that is often regulated by municipal law. However, there is no selfcontained legal system that provides substantive rules of direct applicability for these tribunals. In practice, approaches range from complete exclusion of municipal law to complete reliance on municipal law. While the former has no defensible foundation in international law, an absolute renvoi to municipal law runs afoul of the principle that international law governs the characterization of an internationally wrongful act.

Introduction To Brazilian Law

Author: Fabiano Deffenti
Publisher: Kluwer Law International
ISBN: 904112506X
Size: 55.76 MB
Format: PDF, ePub, Mobi
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This publication provides readers with the basic knowledge of legal concepts of Brazil in broader terms, with special emphasis on practical issues, so that the interested persons will be able to understand the system and pursue research on special legal problems by knowing the proper place to find the answer. The book will cover the following topics: Family and Succession Law Labour Law Criminal Law and Procedure Civil Procedure and Alternative Dispute Resolution Civil Liability Corporate and Insolvency Law Taxation Law Property Law Contract Law Constitutional Law Administrative Law Competition Law Consumer Protection Private International Law