Dispute resolution provisions in policies are rarely given the attention they deserve. We will explore the different processes and explain the effects of choice of law, jurisdiction and the new Arbitration Act 2025. We will also highlight some potential drafting issues, empowering you to navigate and assess these provisions.
This presentation, delivered by experienced lawyers from Herbert Smith Freehills Kramer, will provide insurance professionals with a comprehensive overview of dispute resolution processes relevant to insurance claims.
You will gain practical insights into what litigation, arbitration and mediation involve, with a focus on the implications of different processes, choice of law and jurisdiction clauses. Through real-world examples and sample language, the session will equip you to identify and address common pitfalls in policy drafting and therefore manage disputes efficiently.
By the end of the session, you will be able to:
- Identify the key dispute resolution processes available in insurance contracts, including litigation, arbitration and mediation.
- Distinguish between the advantages and disadvantages of litigation, arbitration, and mediation in resolving insurance disputes to understand when each process may be most appropriate.
- Explain the practical implications of choice of law and jurisdiction clauses in insurance policies, including exclusive and non-exclusive jurisdiction, and how these concepts apply to arbitration.
- Cite common pitfalls and red flags in dispute resolution clauses, using real-world examples and recent case law.
- Apply a structured checklist to assess and improve dispute resolution provisions in insurance documentation, ensuring consistency and legal compliance across multi-layered programmes.
Speakers:
- Fiona Treanor, Partner, HSF Kramer
- Jo Giza, Senior Associate, HSF Kramer
- Henry Materne-Smith, HSF Kramer