Profile

Mark is the lead partner of our Bermuda office and specialises in commercial and corporate litigation and arbitration that involves the insurance, financial services, and private client sectors.

He maintains an international practice and frequently represents clients on multi-jurisdictional matters, particularly involving the United States, having been admitted as an attorney in the State of California in 1998. After practicing at two leading firms in London (including as managing partner) he established the Bermuda law firm, now known as Kennedys Chudleigh Ltd., in 2006.

Mark’s commercial litigation practice includes corporate, insolvency, trusts, professional liability, contract disputes and insurance matters.

Mark’s insurance practice covers almost all classes of insurance and reinsurance  business, including general liability (particularly the “Bermuda Form”), professional liability, construction defect, directors’ and officers’ liability, financial institutions,  product liability, property, environmental liability, energy,  marine, satellites and space,. He has particular expertise in relation to offshore professional risks in British Overseas Territories and Crown Dependencies, including financial institutions, fund managers and administrators, captive managers, trust companies, accountants, law firms and construction professionals. Mark is also a member of our Caribbean practice team.

Mark contributed to Kennedys' 'Global forecast 2024: Evolving insurance risks' report, published in January 2024.

Mark also contributed to the fourth edition of Kennedys’ Global Legal Handbook, one of our most popular guides, which outlines the main legal and procedural issues that case handlers may encounter when dealing with claims across 53 jurisdictions globally.

Mark Chudleigh is excellent. He has great knowledge of the law, the optics and the players in almost any scenario.

Qualifications and admissions

  • Qualified in England and Wales in 1990
  • Admitted in Bermuda in 1992
  • Admitted in California in 1998

Market recognition

  • Leading Individual and recommended lawyer for 'Insurance/Reinsurance (Bermuda)'
    "I have worked with Erik Penz and Mark Chudleigh. Each possesses the requisite knowledge, experience and litigation skills necessary to provide strategic, common sense and sound legal advice."
    The Legal 500 Caribbean 2024
  • Leading Individual and recommended lawyer for 'Dispute Resolution (Bermuda)'
    "Mark Chudleigh is a phenomenal litigator with a varied practice and a firm grip on insurance and reinsurance issues. He also arbitrates, which gives him additional exposure to disputes and the inner workings of arbitration panels."
    "We consider Mark Chudleigh a “go-to” litigator in Bermuda. Nobody has more quality litigation experience. He is deeply plugged into Bermuda and those who practice law there. A very safe pair of hands, whom we respect very much for his tactical astuteness."
    The Legal 500 Caribbean 2024
  • Leading Individual and recommended lawyer for 'Insurance/Reinsurance (Bermuda)'
    "Mark Chudleigh is an insurance practitioner with an enviable network and depth of experience, who brings real value to the service he provides to his clients."
    "Mark Chudleigh is super responsive, technical and practical in his advice."
    The Legal 500 Caribbean 2023
  • Recommended lawyer for 'Dispute Resolution (Bermuda)'
    "'Outstanding' practice head Mark Chudleigh brings proficiency to international (re)insurance arbitrations and disputes arising from high-value insurance claims."
    The Legal 500 Caribbean 2023
  • Notable practitioner (Band 1) for 'Insurance: Contentious' (Bermuda)
    "Mark Chudleigh frequently assists Bermudian and international clients with high-value disputes, and he is held in high esteem for his many years' experience acting on both litigation and arbitration cases."
    Chambers Global 2022
  • Notable practitioner (Band 2) for 'Dispute Resolution (Bermuda)'
    "Mark Chudleigh has a leading reputation when it comes to insurance disputes. He has a long-standing practice which also encompasses strengths in general commercial litigation and arbitration mandates."
    Chambers Global 2022
  • Leading Individual and recommended lawyer for 'Insurance/Reinsurance (Bermuda)'
    "Mark Chudleigh is a practitioner with an enviable network and depth of experience, who brings real value to the service he provides to his clients."
    The Legal 500 Caribbean 2022
  • Recommended lawyer for 'Dispute Resolution (Bermuda)'
    "Outstanding‘ practice head Mark Chudleigh brings proficiency to international (re)insurance arbitrations and disputes arising from high-value insurance claims."
    The Legal 500 Caribbean 2022
  • Notable practitioner (Band 1) for 'Insurance: Contentious' (Bermuda)
    "Mark Chudleigh is 'extremely responsive, experienced and knowledgeable', say sources, further describing him as a 'really strong litigator'. He is held in high esteem for his insurance litigation and arbitration practice.
    Chambers Global 2021
  • Notable practitioner (Band 2) for 'Dispute Resolution (Bermuda)'
    "Mark Chudleigh is 'very knowledgeable of all aspects of insurance and reinsurance law.' His longstanding practice encompasses strength in both commercial litigation and arbitration mandates. One interviewee enthused: 'I have a great deal of respect for his expertise, abilities and professionalism.'"
    Chambers Global 2021
  • Notable practitioner (Band 1) for 'Insurance: Contentious' (Bermuda)
    "His commercial approach and ability to give legal advice that takes into account good business judgement."
    Chambers Global 2020
  • Leading individual for 'Insurance/Reinsurance (Bermuda)'
    The Legal 500 Caribbean 2020
  • Recommended lawyer for 'Dispute Resolution (Bermuda)'
    "Mark Chudleigh is well recognised in the insurance and reinsurance sector and is hugely knowledgeable."
    The Legal 500 Caribbean 2020
  • Notable practitioner (Band 2) for 'Dispute Resolution (Bermuda)'
    Chambers Global 2020
  • Recognised by Who's Who Legal Insurance & Reinsurance 2019 Analysis
    "Mark Chudleigh performs very well in this year's research into the insurance and reinsurance legal space. He has particular expertise in product liability, D&O, property and financial reinsurance."
  • Leading Individual for 'Insurance and Reinsurance (Bermuda)'
    The Legal 500: Caribbean 2019
  • Notable practitioner (Band 1) for 'Insurance: Contentious (Bermuda)'
    "Mark Chudleigh is a well-regarded insurance disputes specialist and leads the firm's Bermuda office. He is noted by one source for "working on extremely complex matters." In the contentious insurance field, he assists with both litigation and arbitration, covering D&O liability and a variety of other matters."
    Chambers Global 2019
  • Notable practitioner (Band 2) for 'Dispute Resolution (Bermuda)'
    "Mark Chudleigh is well versed in arbitration and commercial litigation, with particular expertise in insurance and reinsurance. Sources comment: "He has excellent industry knowledge," adding that he "shows great leadership," and has great familiarity with the corporate and legal cultures in both the UK and USA."
    Chambers Global 2019
  • Leading Individual and recommended lawyer for 'Insurance and Reinsurance (Bermuda)'
    The Legal 500 Caribbean 2019
  • Notable practitioner for 'Insurance: Contentious (Bermuda)'
    "Calm, personable lawyer who mixes good commercial judgement with deep and broad knowledge on substantive issues of reinsurance contract law."
    Chambers Global 2018

Work highlights

Mark has handled numerous contentious matters, including in the English and Bermuda courts, as well as arbitrations in England, Bermuda, Switzerland and the United States. He has participated in dozens of international arbitrations (including as an arbitrator) in London, Bermuda, the United States and Switzerland and has particular expertise handling London and Bermuda arbitrations emanating from the Bermuda insurance market.

Mark has acted as an expert witness on issues of Bermuda law in the context of foreign court and arbitration proceedings and is frequently published on matters involving insurance and Bermuda law.

Presentations and publications

Mark is a regular speaker at industry conferences and client seminars. His recent presentations include:

  • “Cyber Crime: Social Engineering, Data Breaches and Regulatory Exposures” – Presentation to Chartered Professional Accountants of Bermuda
  • “Bermuda insurance and reinsurance market update”, Kennedys London Matters 2020 Report (July 2020)
  • “Bench and Jury Trials, ARIAS and Other Arbitral Forums – What We Can Learn from Each Other”, panel presentation at ARIAS US 2019 Fall Conference (New York, October 2019)
  • "Offshore Financial Centres: Evolving Risks for FI & PI Insurers", presentation to London market (London, March 2019)
  • "Can't Touch This? Public Policy Issues for Bermuda Insurers", Kennedys 2018 Hot Topics Seminar for the Bermuda Market (Bermuda, October 2018)
  • "Bermuda Form Arbitrations: Lessons from the Past and Views of the Future from the US, Bermuda and UK perspectives", presentation to London market (London, May 2018)
  • “Regulating the World's Most Protected Species: Offshore Lawyers”, Offshore Alert Conference (London, November 2017)
  • “The Bermuda Market: Yesterday Today and Tomorrow”, panelist/moderator, International Association of Claims Professionals Annual Conference (September 2017)
  • “An Introduction to the Bermuda (Occurrence Reported) Form”, in-house presentation to insurer (New York, May 2017)
  • “Navigating Minefields: Developments in International Insurance Arbitrations”, 14th Annual Hot Topics Seminar for the Bermuda Insurance Market (October 2016)
  • “Navigating the Reinsurer-Cedent Relationship”, CLM Bermuda Chapter’s Round-Table Event (November 2015)

 Mark is the author of several articles and papers, including recently:

  • “Cyber underwriting report released by Bermuda Monetary Authority: And it may remind you of another regulator’s recent report,” published for Kennedys (February 2021)
  • “Bermuda’s ‘Class of 2020’ Insurers” - IFC Review (November 2020)
  • “The International Comparative Legal Guide - Private Client 2021”, Bermuda Chapter
  • “Insurance Sector Operational Cyber Risk Code of Conduct” – Kennedys White Paper (October 2020)
  • “Service of foreign process on Bermuda resident persons and entities under the Hague Convention: published for Kennedys (September 2020)
  • “When Opportunity Knocks: Will Arbitration Become The Preferred Means For Resolving Offshore Commercial Disputes?” IFC Review (June, 2020)
  • “An Offshore International Arbitration Centre for the Americas: Is There Room for Only One?” IFC Review (February, 2020)
  • “Investment fund administrators: liability for gross negligence”, published for Kennedys in the Offshore Professional Risks Brief (October 2019)
  • “Piercing the privilege: beneficiaries’ right to obtain legal advice provided to a trustee”, published for Kennedys in the Offshore Professional Risks Brief (October 2019)
  • “Moulin Global Eyecare: duty of non-executive directors in response to red flags”, published for Kennedys in the Offshore Professional Risks Brief (October 2019)
  • “Supreme Court of Bermuda applies pro-enforcement approach in enforcing foreign arbitration award”, published in Mondaq (October 2019)
  • “Economic substance: impact on Bermuda insurers and insurance intermediaries”, published for Kennedys in the Corporate Insurance Brief (October 2019)
  • “The International Comparative Legal Guide to International Arbitration 2019”, Bermuda Chapter
  • "Offshore Captive Insurers: Do They Have Substance?", IFC Review (July 2019)
  • "Taming the Wild West: Insuring the Emerging Offshore Digital Assets Industry," written for Insurance Day (June 2019)
  • "Economic Substance or Economic Warfare?", IFC Review (June 2019)
  • “The International Comparative Legal Guide to Corporate Recovery and Insolvency 2019”, Bermuda Chapter
  • "Economic substance: The Beginning of the End or a New Beginning for Offshore Financial Centres?", published for Kennedys in the Offshore Professional Risks Brief (June 2019)
  • "Recoverability of Foreign Lawyers' Fees in the BVI, Cayman Islands and Bermuda," published for Kennedys in the Offshore Professional Risks Brief (June 2019)
  • "Trustees: Insolvent Trusts and Conflicts of Interest", published for Kennedys in the Offshore Professional Risks Brief (June 2019)
  • "The International Comparative Legal Guide to Insurance & Reinsurance 2019", Bermuda Chapter 
  • "Focus: Economic Substance Rules Post Threat to Offshore Financial Centres", written for Insurance Day (February 2019)
  • "Privy Counsel Considers the Personal Liability of Trustees", published for Kennedys (October 2018)
  • "Commercial Lender Owes No Duty to Care to Borrowers to Disclose Lending Policies", published for Kennedys in the Offshore Professional Risks Brief (April 2018)
  • "Trustee Indemnities: Secure at All Costs?", published for Kennedys in the Offshore Professional Risks Brief (April 2018)
  • "Carlyle: An Exposition of Directors' Duties", published for Kennedys in the Offshore Professional Risks Brief (April 2018)
  • "Professional Trustees and Relief from Liability: A Higher Bar", published for Kennedys in the Offshore Professional Risks Brief (April 2018)
  • "The UK Criminal Finances Act 2017: Implications for Offshore Financial Providers", published for Kennedys in the Offshore Professional Risks Brief (April 2018)
  • "Letter from Paradise: Risks and Reputations in the Offshore World", written for Insurance Day (January 2018)
  • Bermuda Corporate Insurance newsletter (various editions)
  • "Directors' Liability and Indemnification: A Global Guide", (Global Law and Business, 3rd edition, 2016), Bermuda chapter