Mark Chudleigh

Mark Chudleigh

Partner Bermuda, Bermuda

Qualifications

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

Mark is the lead partner of our Bermuda office and specialises in commercial 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 and insurance matters involving entities in Bermuda, other British Overseas Territories, the United States, Europe and Asia.

Mark’s insurance practice covers almost all classes of insurance and reinsurance business, including general liability (particularly the “Bermuda Form”), professional liability, directors’ and officers’ liability, financial institutions, product liability, property, environmental liability, energy, construction, 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 and law firms.

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

Market recognition

  • 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."
    Ranked as an 'Insurance and Reinsurance' leading individual and recommended lawyer (Tier 2) by 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'
    The Legal 500 Caribbean 2019
  • "Calm, personable lawyer who mixes good commercial judgement with deep and broad knowledge on substantive issues of reinsurance contract law."
    Chambers Global 2018
  • “one of the best of the Bermuda Bar”
  • “outcome-oriented and very pleasant to work with”
  • “on the bigger litigations, he is the one you’d go to if you needed a big player”
  • “great litigator” and acclaiming “his experience, instinct, reputation and gravitas”
  • “the reason we use him is because he’s very good at strategy and is commercially astute,”
  • “a good appreciation for multi-jurisdictional matters and a great knowledge of insurance”
  • “extremely effective as an advocate as well as being good in negotiations with the other side”
  • “highly respected in the litigation field, particularly in relation to insurance disputes”
  • “has extensive cross-border experience”
  • “…a broad insurance and reinsurance practice that sees him acting on behalf of some of the industry's most prominent companies…Mark showed tremendous leadership, moving things along, corralling other lawyers and not adding expense to the matter.”

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:

  • “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:

  • “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

Credentials

Mark has been admitted as a barrister in England & Wales (Lincoln’s Inn), and is currently admitted to the Law Society of England & Wales, as a barrister and attorney in Bermuda and as an attorney in the State of California. He is a former elected member of the Bermuda Bar Council and the Committee of the Claims and Litigation Management Alliance (Bermuda branch). He is also a member of ARIAS, the Chartered Institute of Arbitrators, the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International) and the Professional Liability Underwriting Society (PLUS).

Mark is recognised by The Legal 500 and by Chambers Global (2018, 2019) as a leading Dispute Resolution, Insurance and Reinsurance, and Trusts lawyer in Bermuda. Directory quotes include the following:

“one of the best of the Bermuda Bar”
“outcome-oriented and very pleasant to work with”
“on the bigger litigations, he is the one you’d go to if you needed a big player”
“great litigator” and acclaiming “his experience, instinct, reputation and gravitas”
“the reason we use him is because he’s very good at strategy and is commercially astute,”
“a good appreciation for multi-jurisdictional matters and a great knowledge of insurance”
“extremely effective as an advocate as well as being good in negotiations with the other side”
“highly respected in the litigation field, particularly in relation to insurance disputes”
“has extensive cross-border experience”
“…a broad insurance and reinsurance practice that sees him acting on behalf of some of the industry's most prominent companies…Mark showed tremendous leadership, moving things along, corralling other lawyers and not adding expense to the matter.”

Market recognition
  • Chambers Global 2019 Mark G Chudleigh

    Mark Chudleigh - Chambers

  • car leading individual 2019

    Mark Chudleigh - Legal 500 Leading Individual

  • car recommended lawyer 2019

    Mark Chudleigh - Legal 500 Recommended Lawyer