19 April 2007
Bribery allegations to be determined by arbitration? – Fiona Trust and Holding Corporation & Ors v Yuri Privalov & Ors [2007] EWCA Civ 20
Where a party alleges contracts were procured by bribery and purports to rescind those contracts, does the dispute come within the arbitration clauses in those contracts? Is there really a difference between a dispute arising "out of" a contract and a dispute arising "under" a contract? If a contract is rescinded on grounds of bribery, will the arbitration clause within that contract survive?
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March 2007
Brokers Beware: Assume in Haste, Repent at Leisure
The recent High Court decision in Fisk v Thornhill & Son (A Firm) highlights the risks to brokers if they fail to inform the insured of policy terms and conditions or omit to conduct thorough investigations before giving warranties on the insured's behalf.
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Spring 2007
Reinsurance and International Risk Team Notes
- Intermediaries
- Choice of law and jurisdiction
- Identity of insureds
- Non-disclosure
- Conditions precedent
- Notification
- Settlement
- Asbestos update
- Events and seminars
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Spring 2007
Insurance Law Quarterly
The streamlined market - Electronic Claims Files, Through a class darkly: developments in European group litigation, Events and occurrences: different facts, same old problems, Tension between the layers, Law Commissions’ proposals for reform - intermediaries and pre-contract information?, West Tankers - continued support for London arbitration, Personal injury and general damages, Events and seminars.
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April 2007
News from Helix
In this issue: Helix In Action; Helix Website Launched; Training Update; Staff Profile; Broker Performance; Debt Purchase; Europe Hots Up; Conference Attendance; Market News.
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March 2007
Moral hazard and non-disclosure
When is it necessary for a prospective insured to disclose allegations of dishonesty or criminal conduct made against them? This issue was considered in Norwich Union Insurance Limited v Meisels.
Clearly insurers will be interested to learn that a professional has been accused of dishonesty before underwriting a professional indemnity policy. But what if the professional has clear and cogent or even overwhelming evidence that the allegation has no foundation, or the allegation itself is fantastical? What if a multitude of allegations that seem unlikely in isolation are made against the same professional? Obviously there will be occasions where this is an issue of common sense but it can still be difficult in practice to draw the dividing line between what is disclosable and what is not.
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March 2007
DLA Piper Reinsurance Bulletin March 2007
Current Issues: Contract certainty; Business insurance; Choice of law; Financial services.
Case Notes : Division of brokers' responsibilities; Waiver of recourse clause.
DLA Piper Seminars & Team News.
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