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Condition impossible – who accepts liability when a policy condition is incapable of being satisfied?

Hong Kong - December 20 2012 The High Court of Hong Kong in Hua Tyan Development Limited v Zurich Insurance Company Limited [2012] HKLRD 827 held that an insurer cannot rely on the breach of a condition of the policy if the insurer or the broker (while acting as its agent) knew or ought to have known that it was incapable of being satisfied.

Kareen Wang

Arbitral tribunal’s jurisdiction backed by English courts

United Kingdom - December 18 2012 In Tang & Lee v GTIL et al (14 November 2012), the English Court confirmed that the Tribunal had jurisdiction to determine the issue before it and dismissed the Claimants’ application to challenge the Tribunal’s jurisdiction under section 67 of the Arbitration Act 1996 (the “Act”).

Amanda Beattie, Denis Brock