Whether to litigate or arbitrate insurance disputes – key issues, tips and potential pitfalls

This panel session will cover:

• 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/disadvantages of arbitration -v- 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)