bluuebunny/crossref_metadata_2025_split huggingface dataset:
Integration and Aggregation
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter discusses how the Bermuda Form deals with the question of how and when multiple personal injuries, instances of property damage, or offences within the ambit of advertising liability, may be combined and treated as a single occurrence, as defined. This is a key determination in the Bermuda Form, principally because the insurer's obligation attaches only where the ultimate net loss — paid by reason of liability for personal injury, property damage, or advertising liability of a type that qualifies pursuant to the definition of an occurrence — exceeds the amount of the scheduled per occurrence retention. While nothing in the policy form so specifies, in practice, insurers using this form historically agreed to engage only in excess of very large retentions.
Requirement of Notice of Claim
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter discusses policyholder's obligation to provide notice of a claim to the insurer under the Bermuda Form. First, the requirement of written notice is expressly stated to be a condition precedent to any liability on the part of the insurer to provide an indemnity, thereby reflecting the general approach of New York law to the need to provide notice to an insurer. Second, as an ‘occurrence reported’ model of liability insurance, the written notice of a claim fixes the contractual limits, terms, and exclusions that will then apply to the occurrence for which notice has been provided. The central importance of notice to the Bermuda Form is highlighted by the fact that an entire section of Form XL004 is devoted to this topic, namely Article V.
Attachment Point, Underlying Coverage, Limits of Liability
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter discusses Article II of the Bermuda Form, which addresses the mathematics of the policy. The Article lays out the framework that translates the general grant of coverage into an actual financial response. It sets out the principles that determine at what point the insurer's liability to the policyholder is engaged; the relevance and consequences of underlying insurance; how the level of policy response to an excess liability is determined; and how it is limited. It also addresses the financial complications that may develop when a policyholder notifies an occurrence to the insurer, and subsequently notifies an integrated occurrence that includes the earlier notified individual occurrence. Finally, the Article addresses the special circumstances relevant to the presence of an insured joint venture, partnership, or other similarly organized, non-corporate entity in the equation.
Conditions Under the Bermuda Form
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter discusses Article VI of the Bermuda Form, entitled ‘Conditions’, which details the working of the relationship between insurer and policyholder. It sets out how and to whom they communicate with one another; when communication is necessary; how disputes are to be resolved; how and by whom policy elections are exercised; and in general, addresses all of the commonly arising issues of inter parties conduct, viz., how the parties to the policy interact with one another. In most cases, the conditions in the Bermuda Form are not significantly different from those contained in prior forms. In a number of cases, the conditions will have been examined in detail in other parts of this book.
Waiver/Estoppel
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter discusses the law on waivers and estoppel. Waiver, like affirmation, election, and repudiation is an issue intimately connected to the operation and effect of the parties' contractual rights and obligations, and determined by the proper law of that contract, i.e. New York law as amended by Article VI.O of Form XL004. The identification of the proper law of an estoppel is more problematic. In general, estoppels relating to the insurance relationship rooted in a Bermuda Form policy are invariably addressed by the parties, and treated by tribunals, as governed by the proper law of the contract, which, in the usual case, is New York law pursuant to the Law of Construction and Interpretation Clause. Other estoppels, such as issue estoppel or estoppel per rem judicatam, may apply English law as the lex fori.
Use of the Bermuda Form for Reinsurance
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter focuses on the (inwards) facultative reinsurance provided by a Bermuda Form insurer of specific risks notionally or actually underwritten by captive insurers. It highlights a number of features of the reinsurance policies employed by the major insurers and certain of the issues that can arise therefrom. A definitive discussion is not possible, not least because of the wide varieties of wordings used by insurers. At one end of the spectrum, some established insurers have developed sophisticated pro forma reinsurance policy wording that they regularly use; at the other end of the spectrum, one finds policies drafted on an ad hoc basis that borrow extensively from the Bermuda Form — with varying degrees of success and comprehensibility.
Team Assembly
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter is primarily intended as a practical guide to the assembly of a legal team to handle a Bermuda Form arbitration. As discussed in earlier chapters, the paradigm arbitration pursuant to Article VI.N of the Form XL004, or a similar form, is one in which the underlying facts have generally arisen because of liabilities incurred in the United States, the law governing the Bermuda Form policy is that of New York, and that takes place in London pursuant to the English Arbitration Act 1996. But within the ‘usual’ model, the nature of the disputes often differs. For example, a case may turn on detailed argument as to the proper construction of the policy; it may involve heavily contested facts as to the gravamina of the underlying causes of action; due to the nature of the Bermuda Form, the underlying facts can involve one incident or a multiplicity of individual accidents; similarly, a typical claim may be concerned with property damage or personal injury claims where medical issues are in dispute. Each possible permutation of legal and factual issues may give rise to the need for different sets of legal skills.
Commencement of the Arbitration
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter discusses the procedures involved in the commencement of arbitration. Just as an arbitration agreement must be in writing, arbitral proceedings must also be commenced by way of a written notice unless the parties have agreed otherwise. The claimant's lawyers will usually commence proceedings by sending a formal notice of arbitration or request for arbitration — the precise nomenclature chosen is irrelevant. This advises the other party of a request to arbitrate, sets out the basis of the request, and appoints an arbitrator. A Bermuda Form arbitration could be validly commenced as easily by putting similar information in the form of a letter to the opposing party, or to their lawyers. The remainder of the chapter covers the selection of arbitrators, replacement of arbitrators, issues of jurisdiction of an arbitral tribunal, and court applications.
Interest and Costs
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
A tribunal will ordinarily have to make determinations as to what award of costs it will make, and, where appropriate, what award of interest it should make. In some cases, a tribunal will not invite submissions on interest and costs until it has made a ruling on the substantive merits; in other cases, the tribunal will invite the parties to make submissions at the close of the hearing. The method adopted is a decision for the arbitrators to take, absent agreement between the parties. This chapter discusses legal and practical questions that frequently arise for the parties and the arbitrators in relation to questions of interest and costs in Bermuda Form case. It assumes that no provision has been made in the Bermuda Form policy or in any arbitration agreement to set out expressly the powers of the tribunal as regards an award of interest.
Challenges and Enforcement
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter addresses, on a general and introductory basis, issues relating to potential challenges to an award after it has been delivered by a tribunal in a Bermuda Form arbitration. Arbitrations pursuant to Article VI.N of the Bermuda Form often raise difficult legal and factual points, whether on the substantive dispute, or, more occasionally, on procedural questions including issues of jurisdiction. The chapter discusses available venues and limited grounds for challenge, challenges in US courts, enforcement proceedings, confidentiality of arbitration proceedings, tension between necessity of use of award in enforcement proceedings and confidentiality of arbitration, and the enforcement of specific performance award.
The Arbitrators’ Ethical Duties
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter deals with a number of legal and practical questions that arbitrators might face regarding their personal positions in a Bermuda Form arbitration. On the basis that the curial law of the arbitration is English law, the chapter first considers the legal basis on which arbitrators are appointed and act. It then turns to the rights and obligations of arbitrators in the context of the Bermuda Form from a UK perspective. These include the requirement that arbitrators should be impartial at the time of appointment and throughout a reference, the duty of disclosure of potential conflicts faced by arbitrators, and the practical problems that may arise when an arbitrator is appointed by a party in more than one reference. Next, it addresses other matters of potential relevance to arbitrators and candidates for appointment under the Bermuda Form.
The Korean War—1950–53
Authors: White Nigel D 
Published: July 2018

Abstract
This chapter examines the background of the Korean War, the positions of those states and UN organs involved in the conflict as the war ebbed and flowed across the Korean peninsula, and the many questions of legality it raised. Although its legal basis is disputed (sometimes analysed as collective self-defence or intervention at the request of the established government), the evidence presented in this chapter is that the Korean War helped to shape a decentralised UN collective security system, a model in which the UN Security Council acts under Chapter VII to mandate willing states to tackle aggressors or other threats to the peace. Furthermore, the peculiarity of the politics in the UN at the time allowed only a small window of opportunity for action by the Security Council, leading to another vision of collective security in which the UN General Assembly would play a more central role.
The Suez Crisis—1956
Authors: Hofer Alexandra 
Published: July 2018

Abstract
This chapter examines the intervention led by France, the United Kingdom and Israel against Egypt in 1956. After recalling the facts of the Suez Canal Crisis, it examines the legal positions of the main protagonists (Israel, France, the United Kingdom and Egypt) and the reactions of United Nations member states. The intervention’s legality is then assessed against the international legal framework governing the use of force as it stood in 1956. The final section analyses the intervention’s precedential value and its impact on the jus ad bellum. It is argued that if the intervention initially undermined the United Nations, the forceful reaction of UN member states affirmed the importance of the UN Organization and its principles.
The Soviet Intervention in Hungary—1956
Authors: Lieblich Eliav 
Published: July 2018

Abstract
In late October 1956, the Soviet army crushed a burgeoning rebellion in Hungary, ostensibly upon the invitation of the Hungarian government, and allegedly in conformity with the provisions of the Warsaw Pact. While the intervention was widely condemned, international law could not prevent the Soviet invasion nor secure the USSR's withdrawal from Hungary. Seven decades later, this Chapter analyses the Soviet intervention under jus ad bellum. It focuses on the positions of relevant actors in real-time, as well as on the enduring aspects of the affair. As the Chapter reveals, the Hungary intervention presented dilemmas that plague the law on the use of force even in contemporary times. It raised questions that remain burning today, such as the role of consent in legalizing external forcible intervention, the ability of international law to face superpowers, and the dialectics between effectiveness and legitimacy in the determination of lawful authority during internal strife.
The U-2 Incident—1960
Authors: Park Ki-Gab 
Published: July 2018

Abstract
This chapter examines the aerial incident between the US and URSS that occurred on May 1960: an unauthorized incursion into Soviet airspace by a US reconnaissance plane U-2. This incident led to a serious international dispute. This chapter explains the relevant facts and context of the dispute. It then analyzes the position of the main protagonists and reactions of third states and international organizations, especially those expressed in UN Security Council debates. It deals with three main questions of legality, namely espionage, principle of sovereignty over air space and definition of aggression. The U-2 incident confirms that in order to protect its aerial sovereignty, a state is in principle permitted to use force in the face of an unauthorized incursion by a foreign military aircraft.
The Belgian Intervention in the Congo—1960 and 1964
Authors: Kolb Robert 
Published: July 2018

Abstract
This chapter examines the interventions by Belgium in the Congo at the beginning of the 1960s. After recalling the facts of the crisis, it examines the legal positions of the main protagonists and the reactions of United Nations member states. The central issue turned around the legality of an intervention based on the consent of the local government and the issue of the forcible rescue of citizens abroad. The chapter concludes that the Congo precedent contributed to the shaping of modern international law on these issues.
The Indian Intervention in Goa—1961
Authors: Ruys Tom 
Published: July 2018

Abstract
This contribution discusses the 1961 Indian intervention in Goa. It sets out the facts and context of the crisis, the legal positions of the main protagonists (India and Portugal), and the international community’s reactions. It then tests the legality of the Indian intervention against the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the jus ad bellum, in particular whether it has contributed to an exception to the prohibition on the use of force for the recovery of 'pre-colonial' title.
The US Intervention in the Dominican Republic—1965
Authors: Walter Christian 
Published: July 2018

Abstract
This chapter analyzes the intervention of US American troops in the Dominican Republic in 1965. After setting out the facts and the broader historical context, the positions of the main protagonists and the reactions of third states and international organizations are described in detail. For that purpose, two phases are distinguished: a first, unilateral phase during which the US American troops operated solely on a national basis, and a second phase, which is characterized by a multinational force operating under the auspices of the OAS. In its legal assessment, the chapter concludes that during the first phase the operation may be seen as justified on the grounds of protecting US American citizens abroad. In the second phase, the operation is qualified as a regional peace-keeping operation for which no authorization is needed under Article 53 of the UN Charter.
The Intervention in Czechoslovakia—1968
Authors: Hafner Gerhard 
Published: July 2018

Abstract
This contribution discusses the intervention of five member states of the Warsaw Pact Organization under the leading role of the Soviet Union in the CSSR in August 1968, which terminated the “Prague Spring” in a forceful manner. After presenting the facts of this intervention and its reasons, it describes the legal positions of the protagonists of this intervention as well as that of the states condemning it, as presented in particular in the Security Council. It then examines the legality of this intervention against general international law and the particular views of the Soviet doctrine existing at that time, defending some sort of socialist (regional) international law. This case stresses the requirement of valid consent for the presence of foreign troops in a country and denies the legality of any justification solely based on the necessity to maintain the political system within a state.
The Yom Kippur War—1973
Authors: Dubuisson François , Koutroulis Vaios 
Published: July 2018

Abstract
This contribution discusses the hostilities that opposed Israel against Egypt, Syria and the armed forces of other Arab states, which took place in October 1973. After setting out the context of this confrontation, which is directly linked to the 1967 Six Days War, it presents the legal positions of the main protagonists (Israel, Egypt, Syria) as well as those of third states and international organizations. The third section examines the legality of this resort to force under jus ad bellum and concludes that the military operations on behalf of the Arab states can be justified as an exercise of the right to self-defence. Finally, the conclusions discuss the limited precedential value of this specific incident with respect to the interpretation of the prohibition to use force in international relations.
The Larnaca Incident—1978
Authors: Antonopoulos Constantine 
Published: July 2018

Abstract
This contribution examines the 1978 Egyptian commando operation at Larnaca International Airport in Cyprus. It sets out the facts and context of the incident, the legal positions of the states involved (Egypt and Cyprus) and the international community’s reactions. It then evaluates the legality of the Egyptian operation by reference to the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the ius ad bellum, in particular whether it has contributed to an exception to the prohibition on the use of force for the protection of a state’s nationals abroad.
The Vietnamese Intervention in Cambodia—1978
Authors: Fox Gregory H 
Published: July 2018

Abstract
This chapter discusses Vietnam’s 1978 invasion of Cambodia. It begins with a history of the antagonism between the two countries, then reviews the Cambodian border incursions that ultimately prompted the invasion and then describes the invasion itself. Drawing on the extensive debate over the intervention in the United Nations Security Council and General Assembly, the chapter then reviews three legal justifications offered at the time by the two countries and third parties: (i) a self-defense claim that Vietnam properly responded to a Cambodian armed attack, (ii) humanitarian intervention to stop the horrific abuses of the Khmer Rouge regime, and (iii) an invitation by an anti-Khmer Rouge faction of Cambodians. The chapter concludes that while the Vietnamese action is most frequently cited as an example of humanitarian intervention, few states (including Vietnam) made that claim at the time. The self-defense argument is more plausible while the invitation claim does not appear consistent with known facts.
Operation Litani—1978
Authors: Williamson Myra 
Published: July 2018

Abstract
This chapter examines Israel’s invasion of southern Lebanon on 14 March 1978, often referred to as ‘Operation Litani’. First, the chapter discusses the immediate and long-term causes of the Israeli invasion: the former includes the ‘Coastal Road Massacre’ that occurred on 11 March 1978, whilst the latter includes the effects of the Palestinian presence in southern Lebanon. The second section analyses the positions of the main antagonists, setting forth the positions adopted by Israel, Lebanon, the PLO, Jordan, the US, Syria, Egypt, Kuwait and the United Nations’ Security Council. The third section discusses the legality of this use of force, purportedly an act of anticipatory self-defence to prevent future attacks. Finally, the chapter offers a brief conclusion on the precedential value of this incident. It concludes that the Israeli use of force, which was unanimously condemned by the Security Council, was unlawful.
The US Hostage Rescue Operation in Iran—1980
Authors: Forteau Mathias , Ying Xiu Alison See 
Published: July 2018

Abstract
The present contribution discusses the US hostage recuse operation in Iran in 1980. After the presentation of the relevant facts and context of the (eventually aborted) operation, including the official positions of the US and Iran as publicly expressed at that time, the present contribution assesses the legality of the operation, taking into account the reactions of other states and competent international organizations. The legality of the operation is assessed under Article 2(4) and 51 of the UN Charter and other possible exceptions under customary international law such as self-help. It concludes that it is doubtful that the operation was in conformity with international law.
The Iran–Iraq War—1980–88
Authors: de Guttry Andrea 
Published: July 2018

Abstract
This contribution discusses the 1980-1988 Iran-Iraq war. After presenting the facts and context of the crisis (on which the parties strongly disagreed), this chapter examines the legal positions of the main actors involved in the war (Iran and Iraq), and discusses the reaction, or lack thereof, of the international community, and specifically of the United Nations. The legality of the military operations carried out by both parties is then investigated. The final section analyses if, and to what extent, the case has had an impact on the further development and evolution of the concepts of self-defence and of preventive self-defence and comments on the limited role played by the United Nations during most part of the war.
Israel’s Airstrike Against Iraq’s Osiraq Nuclear Reactor—1981
Authors: Ruys Tom 
Published: July 2018

Abstract
This contribution discusses Israel’s 1981 air strike against the nuclear reactor of Osiraq, Iraq. It sets out the facts and context of the operation, the legal arguments invoked by Israel and the reactions within the international community. It then tests the legality of the Israeli intervention against the international legal framework governing the use of force, having regard in particular to the right of self-defence, as well as to potential alternative legal bases. The final section examines if, and to what extent, the case has had an impact on the further development of the jus ad bellum, focusing in particular on its relevance for the debate on the permissibility of pre-emptive self-defence.