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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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CAM-CCBC Arbitration Congress XI Edition: The Highlights You Don’t Want to Miss (ctd.)

Kluwer Arbitration

This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring contractual balance. Methodologies for Restoring the Economic and Financial Equilibrium of Contracts In an panel moderated by Mr. Pedro Martini , the discussion focused on the possibility of restoring contractual balance.

Media 52
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CBAr 23rd International Arbitration Conference: Contractual Incompleteness and the Limits of Consent

Kluwer Arbitration

She highlighted the relevance of ius variandi in investment arbitrations, where the ability of the state to unilaterally modify contractual terms must be balanced against the need to ensure stability and predictability for investors, thereby safeguarding their legitimate expectations and fostering a favorable investment climate.

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Australian Arbitration Week Recap: Hot Cakes & Hot Takes—Trends and Developments in Asia’s Energy Sector

Kluwer Arbitration

However, the focus on delivering a conventional energy business in a value-focused way has led to more disputes due to finely balanced economics and resource shortages. Finally, the use of legal finance as an insurance policy to protect against adverse cost exposure is becoming more normalised.

Price 59
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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