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Part II The Bermuda Form in Detail, 3 Conflict of Law Issues: Substantive Issues vs Procedural Issues

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 — Contracts and insurance

The Bermuda Form is not immune from conflict of law issues. Such issues arise from its very nature as an ‘international’ document that provides coverage to large and often multinational corporations in respect of legal liability arising from their global operations in a variety of jurisdictions. This chapter highlights some of the conflict of law issues that may be encountered when arbitrating disputes arising from Bermuda Form policies and suggests some possible solutions to assist in choosing between the myriad of potential and competing applicable laws. Topics covered include express choices of law in the Bermuda Form, the severability principle, potential applicable laws, proper law of the contract, proper law of the underlying claim, proper law of the conflict of law rules applied to the policy, proper law of the arbitration agreement, procedural law, and curial law.

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