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Part III Dispute Resolution Under the Bermuda Form, 24 The Arbitrators’ Ethical Duties

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 deals with a number of legal and practical questions that arbitrators might face regarding their personal positions in a Bermuda Form arbitration. On the basis that the curial law of the arbitration is English law, the chapter first considers the legal basis on which arbitrators are appointed and act. It then turns to the rights and obligations of arbitrators in the context of the Bermuda Form from a UK perspective. These include the requirement that arbitrators should be impartial at the time of appointment and throughout a reference, the duty of disclosure of potential conflicts faced by arbitrators, and the practical problems that may arise when an arbitrator is appointed by a party in more than one reference. Next, it addresses other matters of potential relevance to arbitrators and candidates for appointment under the Bermuda Form.

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