- Enforcement of agreement to arbitrate – anti-suit injunction – stay of proceedings – whether Bermuda court had jurisdiction to restrain foreign legal proceedings brought in breach of arbitration agreement – whether seat of arbitation Bermuda – Skandia International Insurance Co. & Ors. v. Al Amana Insurance & Reinsurance Co. Ltd. [1994] Bda LR 30; [1995] 4 Re L.R. 63
- UNCITRAL Model Law, Article 16 – separability of arbitration clauses – scope of doctrine of separability under Bermuda law – power of court to review decision of tribunal that it had jurisdiction – Christian Mutual Life Insurance Company & Ors. v. ACE Bermuda Insurance Limited [2002] Bda LR 1
- UNCITRAL Model Law, Article 34 – challenge to jurisdiction of arbitrators in Supreme Court under Article 16 – proceedings in Court of Appeal under Article 34 – which court should determine jurisdiction – application pending before both courts – whether Court of Appeal had jurisdiction to staty Supreme Court proceedings – Christian Mutual Life Insurance Company & Ors. v. ACE Bermuda Insurance Limited [2002] Bda LR 56
- Seat of arbitration – whether Bermuda – whether Arbitration Act 1986 or Bermuda International Conciliation and Arbitration Act 1993 applied – jurisdiction of Bermuda court to restrain reinsurance arbitration commenced under AAA rules – whether arbitrators should first rule on challenge to jurisdiction – Professional Services Insurance Company Limited v. Gerling Konzern Versicherings Aktiengesellschaft and others [2003] Bda LR 55
- UNCITRAL Model Law, Article 1 – meaning of “commercial” – appeal from arbitration award – jurisdiction of Court of Appeal – lease of property – option to purchase assigned to respondent – whether domestic or international commercial arbitration – Kessler v. Hill [2005] Bda LR 57
- Confidentiality – injunction to restrain disclosure of material relating to previous arbitration – whether duty of confidentiality exists in relation to Bermuda arbitration proceedings – reinsurance contracts – collateral estoppel – whether various reinsureds have joint or composite interest – privity of interest – ABC Insurance Company v. XYZ Insurance Company [2006] Bda LR 8
- Appeal from award – Arbitration Act 1986 – validity of option to purchase – assignment of option to purchase – lease of house with option to purchase given to non-Bermudian – whether lease and option illegal – Hill v. Kessler [2006] Bda LR 46
- Enforcement of agreement to arbitrate – anti-suit injunction – jurisdiction of Bermuda Court to restrain Russian proceedings brought by Bermuda company in breach of agreements to arbitrate in Sweden and Switzerland – evidence of foreign law – judicial discretion – whether plaintiffs had “clean hands” – OAO “CT-Mobile” v. IPOC International Growth Fund Limited; LV Finance Group Limited v. IPOC International Growth Fund Limited [2006] Bda LR 69
- FG Hemisphere Associates LLC v Democratic Republic of the Congo and the Office Congolais des Postes et Telecommunications [2005] Bda LR 26 – application by New Skies for enforcement of foreign judgment – service out of the jurisdiction – locus standi. On appeal sub nomine: New Skies Satellite BV v. FG Hemisphere Associates LLC [2005] Bda LR 59 – enforcement of judgment – competing claims – priority – sovereign immunity – service out of the jurisdiction – arbitration award
- Montpelier Reinsurance Ltd v Manufacturers Property & Casualty Ltd [2008] Bda LR 9 – appointment of arbitrator – deadlock in appointing third arbitrator – adjournment
- Montpelier Reinsurance Ltd v Manufacturers Property & Casualty Limited [2008] Bda LR 24 – appointment of third arbitrator – jurisdiction of the Court to appoint arbitrator – costs
Chambers – Corporate & Finance (ASW Ranked Band 2, Neil Horner Ranked Band 1)
What the team is known for Highly rated corporate group renowned for its proficiency in transactions related to insurance and reinsurance. Ably represents multinational investment funds, insurance corporations and clients in the financial services sector. Enjoys longstanding recognition for its