Hunton Insurance Recovery Blog

A prior post in the Blog’s Bermuda Form Arbitration Series discussed several strategic considerations for the discovery and briefing stages of Bermuda Form arbitrations. This post focuses on the final stages of arbitration: The final hearing, and awards of interest and costs.

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The Final Hearing

The presentation of evidence in the “final hearing” of a London arbitration differs substantially from traditional trial practice in the United States. A party’s direct or affirmative evidence is presented in writing in witness statements. Witnesses are presented live only for cross-examination. A party should offer all its witnesses for cross-examination; if a party does not do so, it risks that the arbitrators will not give a witness’s direct evidence much weight. This rule does not apply if the parties agree that a witness need not be presented for cross-examination.

On August 22, 2017, a Texas state appellate court panel dismissed a Mexican candy and peanut manufacturer's coverage action against its Mexican insurer and insurance broker due to lack of personal jurisdiction. See Seguros Afirme, S.A. de C.V. v. Elamex, S.A. de C.V., et al., No. 05-16-01465-CV (Tex. Ct. App. filed Aug. 22, 2017); Cooper Gay Martinez Del Rio y Asociados Intermediarios de Reaseguro S.A. de C.V. v. Elamex, S.A. de C.V., et al., No. 05-16-01436-CV (Tex. Ct. App. filed Aug. 22, 2017).