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The rise of international arbitration and a comparison of arbitration procedures in the USA, England and Wales, Bermuda and Canada
Arbitration as a means of resolving international commercial disputes has grown in popularity in recent years as reflected by the reported rise in arbitration filings of more than 3% a year from 2010 to 2019 and a spike of 9.9% in 2020, based on data from international arbitration institutions.
New York federal court finds War Exclusion precludes coverage for lawsuit arising out of 2014 downing of Malaysia Flight 17
In a recent decision, the United States District Court for the Southern District of New York, applying Colorado substantive law, ruled that a War Exclusion in a commercial general liability insurance policy (“CGL”) issued by Hartford Fire Insurance Company (“Hartford”) to Western Union Company and Western Union Financial Services (together, “Western Union”) barred coverage for an underlying lawsuit claiming that Western Union and other financial institutions provided financial support to the Donetsk People’s Republic (the “DPR”), a Russian-backed separatist group in eastern Ukraine.
We recently contributed an article to the Communications and Media Law Association’s Communications Law Bulletin on the use of juries in defamation proceedings in America and Australia. In light of an American jury’s recent 2022 verdict in favour of Johnny Depp, we consider the different positions – between America and Australia, and within Australia itself – in relation to the right to a trial by jury, as well as whether defamation proceedings are more suited to be tried by judge or jury.
Kennedys drives greater transparency around diversity and inclusion with US and UK Mansfield Rule certifications
Kennedys has achieved Mansfield Certification Plus in both the US and the UK in its first submission year. The Mansfield Rule, a project run by the Diversity Lab, is a 12-month certification process which aims to boost the representation of historically underrepresented lawyers in law firm leadership.
Oklahoma Supreme Court joins majority of COVID-19 decisions and finds for insurer in COVID-19 coverage dispute with Cherokee Nation
The Oklahoma Supreme Court is the most recent state high court to hold that property insurance policies do not provide coverage for COVID-19 related business interruption losses. In Cherokee Nation v. Lexington Insurance Company, 2022 OK 71 (Sept. 13, 2022), the court reversed a trial court’s ruling that a Tribal Property Insurance Program (TPIP) policy provided coverage for the Cherokee Nation’s alleged business interruption losses resulting from its temporary closure of its properties in 2020 as a result of the COVID-19 Pandemic.
Green for go: Kennedys to slash carbon emissions after plans approved by leading climate and science experts
We are delighted to announce our commitment to drastically reducing carbon emissions after teaming up with a leading group of climate and science experts.
Rising inflation is a topic of increasing global concern. Similarly, excess claims inflation – that is, changes in the cost of claims beyond ordinary economic inflation - has become a priority for the insurance industry, requiring immediate consideration to ensure business resilience and adequate claims management.
A recent change to the New Jersey Motor Vehicles and Traffic Regulation creates a pre-suit, time sensitive obligation to provide the disclosure of applicable policy limits.
We are delighted to have promoted 35 senior associates to legal director/of counsel with a further 59 promotions to senior associate.
It's our world, and here's how we're collaborating to make a difference in celebration of Global Goals Week
Global Goals Week is well and truly underway and through our Responsible Business Programme we are continuing to support the UNSDGs and incorporating the principles of the UN Global Compact into our local and global initiatives.