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Part III Dispute Resolution Under the Bermuda Form, 19 Pre-Hearing Activities

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

Applicable law — Insurance

This chapter addresses a range of practical and legal matters relating to the conduct of a Bermuda Form arbitration up to and including the disclosure of documents, i.e. before the service of witness statements in the normal case. This timing distinction is an arbitrary but practical one, since there are sometimes issues on the disclosure of documents that continue after service of witness statements. The chapter addresses the authority of the arbitrators to establish rules and procedures; the fact that there are no pre-set procedures in ad hoc arbitrations under the English Arbitration Act 1996; and how in practice an arbitration in London can be expected to progress. It discusses points such as security for costs, the nature and content of the pleadings, other techniques used in litigation to identify the issues, problems that commonly arise on the disclosure of documents, and the thorny issue of privilege.

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