Whether to Litigate or Arbitrate Insurance Disputes–Key Issues, Tips, and Potential Pitfalls

Together with Fountain Court Chambers, our speakers, including in-house counsel for FedEx, explored key considerations, practical tips, and potential pitfalls in selecting the means of resolving insurance disputes.

This webinar explored topics such as: 

• The use of arbitration clauses in insurance contracts, considering historic use (with particular focus on Bermuda Form, Construction All Risks, Marine, etc.), and increasing frequency in both local and global insurance programmes.
• The perceived advantages and disadvantages of arbitration vs. litigation, and how those factors impact the parties in an insurance context.
• Procedural considerations in arbitration (including ad-hoc v administered, arbitrator selection, and rights of enforcement) and how these compare with litigation.
• Issues arising from poor drafting and conflicting clauses, including the risk of inconsistent outcomes between different layers and complimentary coverages (particularly local and global policies).