ARBITRATION WORLD Bermuda Form Arbitrations from the Policyholder’s Point of View: Tribunal Formation and “Frequent Flyers” by John M. Sylvester (Pittsburgh) INTRODUCTION One of the common features of so-called “Bermuda Form” liability insurance policies is the inclusion of an arbitration clause calling for a non-administered arbitration of policyholder-insurer coverage disputes by a three-arbitrator tribunal, with the arbitration conducted under the English Arbitration Act but applying New York substantive law. Counsel who have participated in multiple Bermuda Form arbitrations over the years have come to recognize that there are a number of recurring issues generating significant discussion and debate between policyholders and insurers. This is one of a series of Arbitration World articles that will address some these issues. The focus of this article is the process of formation of the arbitral tribunal in Bermuda Form policies and the risk of the process being tilted in favor of insurers. Elsewhere in this edition, we cover the topic of whether such Bermuda Form policies may conflict with applicable U.S. state laws regulating insurance. As with arbitrations generally, the make-up of the three-arbitrator tribunal is a very important factor in determining who will win a Bermuda Form arbitration. One can expect that each of the arbitrators will endeavor to be fair and open-minded in the case but will nevertheless be guided by his or her own background, past experiences, and past positions. It is critical to a just resolution of the arbitration proceeding that the tribunal members do not pre-judge the case based on any preconceived notions, but rather judge the case on its merits and on the evidence presented at the hearing. In this regard, from the perspective of many policyholders, the arbitrator 43