Bermuda Form

We are well placed to deal with complex issues surrounding Bermuda Form matters

Since the beginnings of the Form, our Bermuda Form team has successfully represented insurers and reinsurers on Bermuda Form arbitrations and related proceedings involving pharmaceuticals, pollution, product liability, professional indemnity, property & casualty, directors & officers, securities class actions and other large excess liability claims.

We have unrivalled expertise and experience in advising on and acting in matters involving Bermuda Form policy wordings operating as a team across our network of offices and in conjunction with our clients and UK barristers.

We are often retained prior to commencement of an arbitration in order to monitor and track underlying claims, analyse and evaluate potential liability and damages, and to advise on coverage and allocation issues. We consider whether or not to consent to proposed settlements and advise on the reasonableness or otherwise of such settlements.

We have first class lawyers in London, New York and New Jersey advising on claims. In New York, we have several partners who are acknowledged experts in New York insurance law, including as modified by the Bermuda Form policy language. Our London team has considerable expertise in the procedural aspects of arbitration and working closely with barristers assisting in the arbitration. Our extensive experience has given us a unique, personal knowledge of the field of potential international arbitrators which enables us to identify the best candidates both as insurers' appointee and as Third Arbitrator.

We also have significant experience of acting in court proceedings relating to Bermuda Form arbitrations including appearing before the Commercial Court, in respect of applications to appoint a Third Arbitrator when the parties have been unable to agree a candidate, and seeking anti-suit injunctions in the English Courts to enforce the arbitration clause in Bermuda Form policies. Our team has unparalleled experience in protecting Bermuda Form arbitration clauses in the US either by obtaining the dismissal of any suits brought by insureds in contravention of the arbitration clause or by having such suits stayed in favour of arbitration. In relation to policies with a Bermuda seat, we are familiar with the processes of running arbitrations in Bermuda.