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Bermuda Form

19th Apr 2018

Bermuda Form Arbitration is a core practice area for members of 7KBW. Members offer unrivalled experience in this field.  Bermuda Form disputes are usually high value claims concerning prescription and over-the-counter pharmaceuticals; medical devices; herbicides; automotive products; oil, gasoline and MTBE pollution; and environmental liability. David Edwards QC acted as successful Leading Counsel for Ace and XL before Flaux J and the Court of Appeal in the first case concerning the interpretation of the Bermuda Form to be considered by the English courts: AstraZeneca v XL and ACE [2013] EWCA Civ 1660.

The standard Bermuda Form policy was first seen in the mid 1980s as a result of the collapse in the US excess Liability Insurance market.  Members have been instructed since disputes first arose under the Form, and have been involved collectively in dozens of cases.