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Part III Dispute Resolution Under the Bermuda Form, 17 Team Assembly

David Scorey, Richard Geddes, Chris Harris

From: The Bermuda Form: Interpretation and Dispute Resolution of Excess Liability Insurance (2nd Edition)

David Scorey QC, Richard Geddes, Chris Harris

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 June 2024

Legal relations between principal and third party — Legal relations between agent and third party — Insurance

This chapter is primarily intended as a practical guide to the assembly of a legal team to handle a Bermuda Form arbitration. As discussed in earlier chapters, the paradigm arbitration pursuant to Article VI.N of the Form XL004, or a similar form, is one in which the underlying facts have generally arisen because of liabilities incurred in the United States, the law governing the Bermuda Form policy is that of New York, and that takes place in London pursuant to the English Arbitration Act 1996. But within the ‘usual’ model, the nature of the disputes often differs. For example, a case may turn on detailed argument as to the proper construction of the policy; it may involve heavily contested facts as to the gravamina of the underlying causes of action; due to the nature of the Bermuda Form, the underlying facts can involve one incident or a multiplicity of individual accidents; similarly, a typical claim may be concerned with property damage or personal injury claims where medical issues are in dispute. Each possible permutation of legal and factual issues may give rise to the need for different sets of legal skills.

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