Insurance

Aviation, Construction, Construction arbitration, COVID-19, Energy, Financial Industry, Insurance, Procedure, Remote hearings, Virtual hearings

(WilmerHale & Queen Mary University of London), (ArbBoutique), and (Zulficar & Partners)/ /Leave a comment

This is the second of a two-part blog post series for an upcoming publication titled International Arbitration and the COVID-19 Revolution edited by us. As detailed in Part 1 of this series, the book contains 17 chapters from 31 leading international arbitration practitioners. The focus of the contributions range from procedural topics in international arbitration…

Arbitration, Arbitration Proceedings, Arbitrators, Insurance, Liability, regulation

(Ellex Valiunas )/ /2 Comments

Arbitrators’ civil liability is not a topic that everyone within the arbitration community enjoys discussing. Therefore, it is not surprising that the approach to the concept of liability differs within the arbitration community. In cases where someone may face civil liability, the possibility to insure such risk arises. This blog post, therefore, will deal with…

Financial Services Arbitration, HK Arbitration Week, Hong Kong, Insurance, KCAB, Private Equity

(SCC Arbitration Institute)/ /Leave a comment

Introduction Kicking off Hong Kong Arbitration Week (“HKAW”) 2019 on Sunday was a joint seminar hosted by KCAB INTERNATIONAL and Freshfields Bruckhaus Deringer (“Freshfields”) titled: “Private Equity, Financial Services and Insurance Disputes: Don’t hesitate to arbitrate!” The seminar was an Oxford-style debate of the motion: “this house believes that private equity, financial services and insurance…

ARIAS, Dispute Resolution, Insurance, United States

(Pasich LLP)/ /Leave a comment

Writing in 2015 about the need to study the intersection between insurance and dispute resolution, Professor Robert H. Jerry II concluded as follows: “The business of insurance is first and foremost the business of providing financial security against the risk of loss, but when loss occurs, the business of insurance becomes the business of resolving…

Insurance, Investment Arbitration, Investment Treaties, Political Risk Insurance

(Nishith Desai Associates)/ /Leave a comment

Introduction Political Risk Insurance (PRI) was discussed as a concept here. In fact, an earlier post discussed PRI as an alternative to investment treaty arbitration (ITA) for investors. The interaction between PRI and ITA is a germane field of study as both are risk mitigation strategies for investors and in some instances an investor can…

Arbitration, BIT, Bosnia and Herzegovina, Insurance, Investment Arbitration

(University of Strathclyde)/ /Leave a comment

After three high-value infrastructure and energy projects cases at ICSID and the Permanent Court of Arbitration, Bosnia and Herzegovina (“BiH”) is now facing a new US$40 million investment treaty claim. This time it involves the privatization of an insurance company – Krajina osiguranje a.d. Banja Luka, based in the Republic of Srpska (one of the…

Domestic Courts, Domestic law, Insurance, Maritime Arbitration, United States

, (BatesCareyLLP)/ /Leave a comment

The U.S. Court of Appeals for the Ninth Circuit has enforced an arbitration clause in a maritime insurance policy, finding the policy subject to the Federal Arbitration Act, and not “reverse preempted” by the McCarran-Ferguson Act.  In so holding, the court determined that the policy’s choice-of-law clause and arbitration provision controlled over somewhat different language…

ADR, ADR Clauses, Appeal, Discovery, Insurance, United States

, , (BatesCareyLLP)/ /Leave a comment

The U.S. District Court for the Southern District of New York has enforced a P&I Club’s internal claims appeal process as a legally binding alternative dispute resolution (“ADR”) method, rejecting allegations brought by one the Club’s Members that the procedure was “fundamentally unfair.” TransAtlantic Lines LLC v. Am. Steamship Owners Mut. Prot. & Indemn. Ass’n,…

Argentina, Awards, BIT, foreign direct investment, ICSID, ICSID Arbitration, Insurance, International arbitration, Investor, Investor-State arbitration, Jurisdiction, Political Risk Insurance

(Fangda Partners) and (CMS Hong Kong)/ /Leave a comment

“And the day came when the risk to remain tight in a bud was more painful than the risk it took to blossom.” (Anaïs Nin) Introduction and background On 12 July 2017, CMS Hong Kong and the Hong Kong International Arbitration Centre (HKIAC) hosted the fourth joint lecture in their quarterly series focusing on the…

Consent, Insurance, Jurisdiction, Jurisdiction Clause, United States

, (BatesCareyLLP)/ /Leave a comment

The question of whether the jurisdictional grant in a “service of suit” clause overrides an otherwise valid and enforceable arbitration clause in the same agreement has been addressed by several courts in the United States. See McDermott Int’l, Inc. v. Lloyds Underwriters of London, 944 F.2d 1199 (5th Cir. 1991); Neca Ins., Ltd. v. Nat’l…

Arbitration, Arbitration Act, Arbitration Institutions and Rules, Insurance

(Universidad Carlos III de Madrid)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Under the direction of the Swiss Arbitration Association (“ASA”), a recent questionnaire asked 82 of the world’s most prestigious arbitral institutions, among other questions, whether they had insurance for professional liability claims. There are very few empirical studies in this area, but the survey indicated that only few institutions made an effort to answer; and…