Interpretation and Dispute Resolution of Excess Liability Insurance
Author: David Scorey,Richard Geddes,Chris Harris
Publisher: Oxford University Press, USA
Providing analysis and interpretation on the construction of the Bermuda Form, this second edition also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it. The work has been thoroughly revised to take into account the major changes in the governing New York law since the first edition, as well as significant English case law such as AstraZeneca v ACE & XL. This case has had major implications for the interpretation of issues such as the recoverability of defence costs, assertion and proof of legal liability. The resulting trend towards brokers and insurers drafting endorsements intended to clarify intent, and the nature and efficacy of these endorsements, are also analysed in this edition. The implications for policyholders and insurers of the ACE Insurance Form 007 are also discussed at length. Providing valuable analysis of disputes involving the Bermuda Form, particularly concerning arbitrations, this work gives access to an otherwise closed arena and is an indispensible guide even for experienced practitioners in this field.
Author: Rob Merkin,Jenny Steele
Publisher: Oxford University Press
Filling a gap in the understanding of private law, this book identifies the ways in which private law is deeply affected by insurance, and provides a structured exploration and interpretation of the ways in which insurance influences private law. It aims to change existing opinions about the limited theoretical importance of insurance, and to equip lawyers in general with the understanding of insurance contracts that they need in order to appreciate the public andprivate role of insurance more fully.
Author: Tony Cole
Publisher: Kluwer Law International B.V.
The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology. With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics, including the following: - the decision-making processes of arbitrators; - the ability of arbitration to serve as a genuine dispute resolution mechanism; - the impact of particular procedures on the arbitral process; - bias, self-deception and vested interests in judgment and decision-making; - the role of arbitrators in managing the arbitral process; - cultural differences in the evaluation of arguments; - psychological influences on witness testimony; - the impact of tribunal composition on arbitral decision-making; - the influence of arbitration’s professional context on arbitrators and legal counsel; and - methods for arbitrators and legal counsel to more effectively manage the arbitral process. Informed by the behavioural insights in these essays, counsel and arbitrators will be enabled to think critically about the underlying assumptions and the potential behavioural effects of a prospective arbitration, while individuals researching arbitration will gain a greater understanding of the psychological context in which every arbitration occurs. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.
Author: Laurence Shore,Tai-Heng Cheng,Jenella E. La Chuisa,Lawrence Schaner,Mara V.J. Senn
Publisher: Kluwer Law International B.V.
International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.
Category: Arbitration and award
Author: William Shakespeare
Publisher: FV Éditions
Category: Juvenile Fiction
Der Sturm (The Tempest) ist eine tragikomische Geschichte von William Shakespeare.
Author: Christoph Pfeiffer
Category: Business & Economics
Category: Casualty insurance
Author: Wanda A. Wallace
Category: Business & Economics
This casebook accompanies the FARS CD, an annual publication, which is directly integrated with the casebook.
Forschung, Didaktik, Transfer
Author: Helmut Moog
Publisher: Peter Lang Publishing
Category: Children with mental disabilities
Annotated British, Commonwealth, and European Cases
Category: Law reports, digests, etc
Author: Irmgard Marboe
Publisher: Peter Lang
Originally presented as the author's thesis (habil.)--Univ. Wien, 2006.
Author: Peter Schlechtriem,Ingeborg H. Schwenzer
Category: Export sales contracts
Author: Lewis A. Coser
Category: Social Science
Lewis A. Coser versucht in diesem Klassiker der modernen Sozialwissenschaften im Anschluß an Georg Simmels berühmter Untersuchung über den "Streit" den Begriff des sozialen Konfliktes zu klären und dessen empirische Anwendungsmöglichkeiten aufzuzeigen. Als eines der wichtigsten Bücher der neueren Konfliktforschung hat es in der zweiten Hälfte des 20. Jahrhunderts die in diesem Zusammenhang geführten theoretischen Kontroversen maßgeblich bestimmt und eine Vielzahl von empirischen Untersuchungen angeregt.
Category: London (England)