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Part III Dispute Resolution Under the Bermuda Form, 20 Preparation for and Conduct of the Hearing

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: 13 June 2024

Applicable law — Insurance

This chapter deals with the procedural issues relating to the hearing of a Bermuda Form arbitration itself. These include organizing a venue for the hearing, preparation of witness statements, the logistics of presenting witnesses, the preparation of experts' reports, the presentation of written pre-hearing submissions, and certain other issues that frequently arise in the course of an arbitral hearing, including the practical treatment of New York law in the usual form of a Bermuda Form case. After all the evidence has been adduced, and where time permits, a tribunal will sometimes invite each side to present written closing arguments. In other cases, no written closings are served and the parties simply proceed to address the tribunal with oral argument on the applicable law and as to the findings that the tribunal should make, based on the evidence heard by the tribunal.

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