SPECHT BÖHM partners Erhard Böhm and Ingo Braun spoke on the specific problems of disclosure and document production in international credit insurance related arbitrations at the Credit Insurance Working Party during the 2014 World Congress of the Association Internationale du Droit des Assurances (AIDA), held in Rome from 29 September to 2 October 2014.

The possible disclosure by a credit-insured in an international arbitration with a customer is a particularly sensitive issue for credit insurers whose policies typically include a prohibition on the insured to disclose the existence of a credit insurance policy. The underlying concern is that disclosure of the policy may increase the likelihood of the occurrence of an insured event, i.e. non-payment by the insured’s customer.

Erhard Böhm explained the evolving international standards concerning document production in international arbitration and which defenses and objections may be available to an insured to defeat a document production request by the insured’s customer. Ingo Braun discussed case law on subrogation in credit insurance and the possible use of data protection laws to obtain information on a potential insurance of the counter-party in a transaction.

AIDA was formed in 1960 for the purpose of promoting and developing, at an international level, collaboration between its members with a view to increasing the study and knowledge of international insurance law and related matters.

www.aida.org