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I Know the Witnesses and I Will Believe Them; There is No Need for Cross-Examination: A Rare Example of Arbitrator Bias Before English Courts

Kluwer Arbitration

The Factual Background The dispute arose between a film company and their insurer who had issued a policy in connection with filming. Following an accident whilst filming, the film company submitted a claim under the insurance policy, which the insurer declined. The views expressed in this post are the author’s own.

Insurance 104
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Kluwer Arbitration ITA Arbitration Report, Volume No. XXII, Issue No. 5 (May 2023)

Kluwer Arbitration

Indian Harbor Insurance Company et al., Bufkin Enterprises LLC bought insurance from ten different insurers, eight of which were based in the United States and two were foreign, to insure its property in Louisiana. Bufkin later filed a claim against the insurers, accusing them of delaying payments under the policy.

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CBAr 22nd International Arbitration Conference: Business Contracts and Party Autonomy in Times of Instability and Uncertainty

Kluwer Arbitration

They aim to strike a balance between the sanctity of contracts and the flexibility needed in exceptional circumstances. While risk pertains to scenarios where future outcomes can be probabilistically forecasted (and hence insured, mitigated in the contract, and integrated into the economic transaction), uncertainty stands apart.

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Atlanta International Arbitration Society’s (AtlAS) 12th Annual Conference

Kluwer Arbitration

Session 2 The next two tertulias centered around specific practice areas, covering developments in insurance arbitration or construction. and Bermuda to arbitration over insurance matters. The panel cautioned, however, that practitioners must balance the use of such technology with their professional obligations.

Ethics 52
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Columbia Arbitration Day 2024: “The New Era of International Arbitration: A User Guide”

Kluwer Arbitration

Cózar added an expert’s perspective to the discussion by explaining that classical construction arbitration cases have a specific limit of claims, such as delays and disruptions, additional scope and costs, liquidated damages, loss of profit, performance and warranty issues, indemnity, and insurance claims.

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Stamp of Approval: The Indian Supreme Court Says Yes to Arbitration

Kluwer Arbitration

b) the Arbitration Act being a self-contained code, its “dependence on other legislations is either absent or minimal,” and (c) balancing party autonomy with referral to arbitration. 2005) 8 SCC 618] and National Insurance Co. This makes the Judgment an important exposition of law in the field of arbitration for India.

Import 52
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Oil, Gas and Renewables: Hot Topics in Investing and Arbitrating in LatAm

Kluwer Arbitration

Nascent Contractual Risk-Allocation With such risks in mind, insurers, operators, contractors, and other parties are alert to the innate protections that contractual provisions can afford them. It’s a balance. He queried whether we are “failing” the global south again.