Manu Duggal & Associates
Dispute Resolution, Insurance and Finance
  • Home
  • Services
    • ADR
      • Dispute Resolution
      • Expert Witness
    • Insurance
      • Claims Settlement
      • Risk & Pricing
    • Consultancy
      • Non Executive Director
      • Charity
  • Case Studies
    • Arbitration
    • Crisis Management
    • Liability Claim
    • Theft Claim
    • Risk Management
  • Principal
    • Bio
    • Expertise
  • Resources
    • Articles
    • Posts
    • Decisions (Charity Tribunal)
  • Fees
  • Contact
+44 7973 179635
manu@manuduggal.com

Resources

Articles

2019

2019

2019

2019

2019

2019

2019

Facebook’s Libra

Algorithmic Trading – B2C2 v Quoine

Cryptoassets

Smart Contracts under English Law

A Platform for Trading Firms

A level playing field for SMEs

Local Content – Supporting Supply Chains

Manu Duggal & Associates
  • Articles
  • Posts
  • Decisions (Charity Tribunal)
  • Fees
  • FAQ
  • Contact
Built by
dale-digital.com

Overview

test

Key Issues

  1. test

Role

  • Test

Outcome

  • Test

Types of Insurance

We have settled claims under the following types of Policy: 

  • Property 
  • Cargo 
  • Liability 
  • Business Interruption 
  • Surety / Performance Bonds 

Our aim is to avoid litigation by  attempting a negotiated settlement and then to review ADR pathways including Arbitration. 

Disputed Claims

It is common for insurers to deny a claim after an insured event occurs.  Insurers will use this tactic to buy time to establish whether cover applies and, if so, the amount which they are liable to pay under the contract of insurance.  They will seek to test whether representations, warranties and the utmost good faith duty to disclose relevant and material information was provided upon inception of the cover.  This allows the retention of premium income and an improvement in investment income.  On the other hand, they also have incentives to settle quickly if a claim is likely to succeed as this can release provisions made once an insured event is notified.

Other ADR

We have associates who are qualified Mediators and Adjudicators (construction) should those pathways be more appropriate.

Arbitration

Arbitration requires party consent. It can arise under a pre-existing Arbitration Clause in the underlying agreement but also after a dispute has arisen if the parties agree to that.  This requires a binding agreement which incorporates their choice of rules and jurisdiction. 

Arbitration under most rules (ICC, LCIA etc.) can be lengthy and expensive. It does, however, have the benefit that Awards are internationally enforceable. 

Our Principal can act either as an Arbitrator or simply strategic adviser to the client.  Or alternatively, as an Expert Witness where there is relevant Expertise. 

Guiding Principles

  • Avoid allowing legal (and other) advisers to unilaterally define and execute their own work plans. 
  • Negotiate hard on professional and legal fees. 
  • Insist on budgets, reports on variances at milestones. 
  • Put in place controls, milestones (time and cost) and incentives.  
  • Continuously monitor work, costs, progress and significant departure from the ‘plan’. 

Approach

  1. Prepare a well drafted ‘Statement of Case’ – force out key issues and spot weaknesses in evidence and legal argument.
  2. Explore a negotiated settlement – prevent the situation from escalating, early resolution through compromise.
  3. Explore Alternative Dispute Resolution pathways.
  4. Prepare briefs, choose and appoint professional / legal team.
  5. Commence ADR or litigation.

Contact

Overview

A consortium comprising an Oil Major and other mid-size blenders needed to design a risk management and insurance program and then to appoint a placing broker.

Key Issues

  1. What were the main (insurable) risks? 
  2. What was the right strategy to mitigate them? 
  3. How best to appoint a global broker with expertise to place these risks with underwriters at the lowest cost?

Role

  • Advised client on types of insurable risk. 
  • Prepared a report on the Scope of the insurance program and a Broker Briefing note.

Outcome

  • Organised a ‘beauty parade’ of leading global brokers and analysed terms offered. 
  • Negotiated terms with selected broker and monitored the placement of cover.

Overview

Theft of Diesel in tank in Eastern Europe terminal with a value of $5m

Key Issues

  1. Was the loss an insured event?
  2. Was there contributory negligence of Insured?
  3. What was the correct quantum?

Role

  • Advised insured on issues relating to denial of claim
  • Led negotiations with claimant’s insurers and their lawyer
  • Negotiated admission of liability and quantum with insurer and their lawyer

Outcome

  • All Claims settled by insurer after initial resistance on coverage and quantum

Overview

UK Road Fuel Blender supplied contaminated fuel to 10,000 motorists via 4 supermarket resellers resulting in claimed damages of £20m from motorists and resellers’ insurers

Key Issues

  1. Was the Blender and it’s Liability insurer liable?
  2. Was there contributory negligence of Blender?
  3. What was the correct quantum to pay claimants?

Role

  • Advised Blender on issues of liability, coverage and quantum
  • Led Blender’s negotiations with its own insurers and legal advisers and insurers of resellers and motorists

Outcome

  • All claims of resellers and motorists settled by Blender’s insurer after initial resistance on coverage and quantum

Overview

Housing Development with a Gross Value of £25m in distress due to insolvency of contractor following negligent harm to neighbouring properties.

Key Issues

  1. Could a replacement contractor be found at a reasonable price?
  2. Could the bank loan be restructured to allow the project to proceed?
  3. Could the claims in negligence and under a Performance Bond be successful?
  4. Could the Shareholder dispute driven by need for further equity be resolved?

Role

  • Advised on and led negotiations with all counterparts
  • Renegotiated Bank loan and equity structure
  • Settled negligence and Performance Bond claims
  • Resolved Shareholder structure
  • Negotiated minority buyout
  • Restructured equity with use of mezzanine

Outcome

  • New main Contractor in place
  • All claims on insurers and Surety settled
  • Bank loan renegotiated
  • Equity and mezzanine capital introduced
  • Minority shareholders bought out

Overview

Dispute between Chinese and Ukrainian State Companies over a $3bn grain trading agreement

Key Issues

  1. Was there an English law agreement to supply grain and what terms applied?
  2. Was it fulfilled?
  3. Was there a loss, reclaimable as damages?

Role

  • Advisor to claimant
  • Managed GAFTA Arbitration and supervised legal work
  • Provided Witness Statement to support claim

Outcome

  • Obtained judgement favourable to client
  • Obtained Award under the NY Convention in favour of client after appeals

Thank you for using
Themify Popup

This is a sample pop up. Themify Builder or Builder Lite (free) plugin is recommended to design the pop up layouts.

Get Builder Watch Video