Brexit: key practical implications for disputes and dispute resolution clauses

Despite the UK and EU having finalised a Trade and Cooperation Agreement to govern their trading and security relationship following the end of the Brexit transition period, there remain a number of uncertainties when it comes to commercial dispute resolution in cases involving the UK and the EU. The main source of uncertainty arises from … Read more

UK Supreme Court clarifies English law on arbitrator apparent bias

The UK Supreme Court has handed down its judgment in Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd [2020] UKSC 48, a case concerning arbitrator conflicts in the context of an insurance dispute and the most significant decision on English arbitration law in nearly a decade. The Halliburton judgment is now the leading English law case on arbitrator conflicts. … Read more

Update on FCA’s COVID-19 business interruption insurance test case

1. Headline summary A “consequentials hearing” in the FCA’s COVID-19 test case (The Financial Conduct Authority v Arch and others [2020] EWHC 2448 (Comm)) took place on Friday 2 October 2020. The purpose of the hearing was to: determine the declarations to give effect to the findings of the Court as set out in its … Read more

Judgment handed down in FCA’s COVID-19 business interruption insurance test case

1. Headline summary The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others. Herbert Smith Freehills represented the FCA (who was advancing the claim for policyholders) in the case, which considered 21 lead sample wordings from eight insurers. Following expedited … Read more

BUSINESS INTERRUPTION AND EVENT CANCELLATIONS DUE TO COVID-19 – WHAT ARE THE POSSIBLE INSURANCE IMPLICATIONS? (UPDATED 19 MARCH)

Summary COVID-19 has been affecting life and businesses around the globe. The developments over the last few days have been moving fast: the World Health Organisation declared the disease as pandemic, COVID-19 has now been categorised by various governments (including those of the United Kingdom) as a notifiable disease, the US has restricted travel from … Read more

INSURANCE AND REINSURANCE DISPUTES ANNUAL REVIEW OF 2019 PUBLISHED

We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2019, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the insurance and reinsurance market. Please click here or on the picture below to access the … Read more