Reinsurance Arbitrations

Reinsurance Arbitrations
Author: Kyriaki Noussia
Publisher: Springer Science & Business Media
Total Pages: 352
Release: 2014-02-04
Genre: Law
ISBN: 3642451462

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Following events such as the 2008 credit crunch and financial crisis, many sectors of the economy suffered; nevertheless, reinsurance managed to maintain its strong position in the market industry and the global economic arena. Arbitration has traditionally been used in reinsurance, due in no small part to its effective, time- and cost-efficient nature. Hence, reinsurance contracts often include arbitration clauses requiring that any and all disputes arising under the contract be resolved by arbitration. The current work provides an in-depth treatment of reinsurance arbitrations and the various issues they entail in the most representative jurisdictions for such arbitrations. It also aims to pave the way for future directions of arbitration in the context of reinsurance. Any participant in the reinsurance market arena looking for a roadmap to the fascinating legal environment in which reinsurance arbitrations operate would be well advised to have this book on hand.

Reinsurance Arbitration Basics with a Glossary of Reinsurance Terms

Reinsurance Arbitration Basics with a Glossary of Reinsurance Terms
Author: Reinsurance Association of America
Publisher: Createspace Independent Publishing Platform
Total Pages: 62
Release: 2016-06-07
Genre:
ISBN: 9781533679086

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Arbitration is any adjudicatory procedure in which a disinterested third party (or panel) hears arguments and reviews evidence provided by the disputants regarding the dispute between them. The arbitrator (or panel) then renders a final, binding decision, which is not subject to court approval or appeal. This publication provides a brief introduction to reinsurance arbitration and is intended only as a general reference tool. While the publication is designed to provide accurate and authoritative information with regard to the subject matter covered, it does not constitute a legal consultation or legal opinion, nor should it be construed as endorsing any arbitration process or organization or advocating specific contract clauses or wording. No decision should be made solely on the basis of the summary information addressed herein. Instead, readers should consult the original source documents cited and/or contact legal counsel. Find more information on reinsurance and reinsurers at www.reinsurance.org .

Manual for the Resolution of Reinsurance Disputes

Manual for the Resolution of Reinsurance Disputes
Author: Reinsurance Association of America Staff
Publisher:
Total Pages: 362
Release: 2000-05
Genre:
ISBN: 9780970583918

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The Manual for the Resolution of Reinsurance Disputes is a comprehensive guide to the reinsurance arbitration process. It provides step-by-step "how to" information for resolving contract disputes through arbitration. The publication offers sample forms, a directory of services, and recommendations for improving the practice of arbitration. It also includes extensive background on the use of arbitration and its legal underpinnings. In addition, the Manual offers a similar level of pertinent information about the use of mediation for resolving reinsurance disputes. This comprehensive guide includes: descriptions of alternative dispute resolution mechanisms, historical overview of the use of arbitration in the reinsurance industry, a step-by-step road map for the reinsurance arbitration and mediation process, references to statutes and case law, copies of selected laws, sample forms, examples of contract provisions, recommendations for improving current arbitration practices, ethical guidelines for arbitrators, and much more.

Arbitration Clauses and Third Parties

Arbitration Clauses and Third Parties
Author: Asli Arda
Publisher: Taylor & Francis
Total Pages: 323
Release: 2023-07-18
Genre: Law
ISBN: 1000899772

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This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.

A Guide to Reinsurance Law

A Guide to Reinsurance Law
Author: Robert Merkin
Publisher: Taylor & Francis
Total Pages: 497
Release: 2013-07-24
Genre: Law
ISBN: 1317912837

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This practical guide offers a useful introduction to reinsurance, taking you step by step through the associated issues you really need to know about. An introduction is provided, setting the scene for further chapters on key topics such as the formation of agreements, terms, rights and obligations. The book covers the following areas: Nature of Reinsurance, Formation of Reinsurance, Agreements, Utmost Good Faith, Terms of Reinsurance Agreements, Rights and Obligations of the Parties, Follow the Settlements and Follow the Fortunes, Claims, Intermediaries, Jurisdiction and Applicable Law, Arbitration.

Resolving Reinsurance Disputes

Resolving Reinsurance Disputes
Author:
Publisher:
Total Pages: 320
Release: 1989
Genre: Dispute resolution (Law)
ISBN:

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Liability Insurance in International Arbitration

Liability Insurance in International Arbitration
Author: Richard Jacobs QC
Publisher: Bloomsbury Publishing
Total Pages: 488
Release: 2021-11-04
Genre: Law
ISBN: 1509917268

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This is the third revised edition of what was described by the English Court of Appeal in C v D as the “standard work” on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom is required to confront the many differences between English and US law and legal culture. In addition, since the awards of arbitrators are confidential and are not subject to the scrutiny of the courts, the book helps professionals understand the Form's lengthy and complex provisions. The book, first published in 2004, was the first comprehensive analysis of the Bermuda Form. It is frequently cited in Bermuda Form arbitrations and was the joint winner in 2012 of British Insurance Law Association Book Prize for the most notable contribution to literature in the field of law as it affects insurance. It offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. The book will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and to clients, lawyers or arbitrators involved in disputes arising therefrom.