Mark Chudleigh maintains an international practice that focuses on commercial litigation involving the financial services, insurance and private client sectors. After practicing at leading firms in London for 18 years, including as managing partner of Sedgwick London, he moved to Bermuda in 2008 to head Sedgwick Chudleigh, Sedgwick’s Bermuda office.
Mark’s commercial litigation practice includes corporate, insolvency, trusts and insurance matters involving commercial entities in Bermuda, other British Overseas Territories, the United States, Europe and Asia, including financial institutions, hedge funds, fund managers and administrators, captive managers, trust companies, accountants and law firms.
His insurance/reinsurance practice has covered most classes of business, including general liability (particularly the “Bermuda Form”), professional liability, directors and officers liability, financial institutions, products liability, ILWs and financial reinsurance, property (including property catastrophe reinsurance), environmental liability, construction, marine, cargo, satellites and space, motor, personal accident and workers compensation. He is chair of Sedgwick’s firm-wide Reinsurance Practice Group, educational director of the Claims and Litigation Management Alliance (Bermuda branch) and is listed as an expert in insurance/reinsurance in the leading directories.
In addition to his litigation practice, Mark provides counseling on complex insurance and reinsurance claims. He also advises on regulatory issues affecting the insurance industry, particularly in relation to the Bermuda market. Mark has acted as an expert witness on issues of Bermuda law in the context of U.S. court and arbitration proceedings.
Mark has handled numerous contentious matters, including in the English High Court and in the Supreme Court of Bermuda, as well as arbitrations in England, Bermuda, Switzerland and the United States. In recent years he has participated in arbitrations governed by the Bermuda International Conciliation and Arbitration Act, the English Arbitration Act, the United Nations Model Law on International Commercial Arbitration, the American Arbitration Association Rules, the AIDA Reinsurance and Insurance Arbitration Society (ARIAS U.S.) Rules, the International Chamber of Commerce Rules and the Lloyd’s Arbitration Scheme. Mark has substantial experience handling London and Bermuda arbitrations emanating from the Bermuda market. He has also represented clients at several mediations.
Presentations & Publications
Mark is program director for Sedgwick’s Annual Hot Topics Seminar for the Bermuda Insurance Market, now in its 13th year, and a regular speaker at industry conferences and client seminars. His presentations include:
- “Navigating the Reinsurer-Cedent Relationship”, CLM Bermuda Chapter’s Round-Table Event (November 5, 2015).
- “In the Beginning: Strategies for a Successful Arbitration”, Sedgwick’s 13th Annual Hot Topics Seminar at the Bermuda Underwater Exploration Institute (October 1, 2015).
- “Duty to Co-operate, Right to Associate and Anti-Suit Injunctions”, presentation to Sedgwick client (September 2015).
- “Claims and Litigation Management Alliance Bermuda Roundtable: Staying Out of the Witness Box”, (Bermuda, November 4, 2014).
- “Arbitration for Bermuda Insurers”, presentation for Sedgwick client (April 2014).
- “An Introduction to the Bermuda Form: A discussion regarding this history and development of the Bermuda Form and a general overview of how the Form works”, (Xchanging Learn at Lunch Seminar Series, London, England, January 26, 2012).
- “Captive State: The Reinsurance of Captive Insurers”, Sedgwick’s Sixth Annual Hot Topics Seminar for the Bermuda Insurance Market (October 2008).
- “U.S., U.K. and Bermuda Markets: A Comparison Study”, Mealey’s Reinsurance Litigation & Arbitration Conference (February 12, 2008).
- “With Opportunity Comes Risk: The Boom in Private Equity and Hedge Fund Investments and Potential Risks”, presentation for Sedgwick client (March 2007).
- “Bermuda Form Disputes”, presentation for Sedgwick client (January 2007).
- “Arbitration Practice & Strategy”, presentation for Sedgwick client (November 2006).
- Panelist, “Reinsurance Audits: What to Expect and How to Make Them Pay Off”, Hot Topics Seminar for the Bermuda Insurance Market (October 2005).
- “Sex, Lies & Reinsurance: The Sphere Drake Case”, Hot Topics Seminar for the London Insurance Market (October 2003).
He is the author of several articles and papers, including:
- “The International Comparative Legal Guide to International Arbitration 2016”, Bermuda chapter (ICLG, 13th Edition, 2016).
- Offshore Professional Risks newsletter (various editions, most recently January 2016).
- “The International Comparative Legal Guide to Corporate Recovery and Insolvency 2013”, Bermuda Chapter co-authored with Alex Potts.
- Contributor to the Bermuda chapter of the Cyrus R. Vance Center for International Justice’s Coral Reef Project 2013.
- “Current Trends in Discovery Regulations: A Bermuda and Offshore Perspective”, chapter co-authored with Alex Potts, ‘Inside the Minds: Complying with International Discovery Regulations’ (Aspatore Books, September 2012).
- “The International Comparative Legal Guide to: Insurance and Reinsurance 2012”, co-author of chapter on Bermuda law (January 2012).
- “The Weavering Judgment: A Wake-Up Call for Fund Directors”, co-author, Sedgwick publication (October 2011).
- “An English/Bermuda Law Guide to Anti-Suit Injunctions”, (Sedgwick publication) (2011).
- Contributor to the American Bar Association’s “Directors & Officers Liability Insurance Deskbook” (2011).
- “Sedgwick Summary: D&O Securities Claims”, co-author, Sedgwick publication (May 2009).
- “After Madoff, Where Now for Offshore Hedge Funds?” co-author, Insurance Day (May 2009).
- “Bermuda’s Stand on ‘Offshore Secrecy Jurisdictions’”, co-author, Complinet (May 2009).
- “Sedgwick Summary: Commutations”, co-author, Sedgwick publication (January 2009).
- Contributor to “Part VII Transfers: A Practical Guide” published by Runoff and Restructuring (2008).
- “A Quick Reference Guide to Arbitration Procedures in the USA, England & Bermuda”, Sedgwick publication (2008).
- Contributor to “International Commercial Arbitration: A Handbook for In-house Counsel” (2006).
- “A Journey of Discovery: Obtaining Evidence for Use in United States Court and Arbitration Proceedings from Non-Parties in the United Kingdom and Bermuda”, Sedgwick publication (2004).
- “Managing Your Managing General Agent”, Sedgwick publication (2004).
- “Arbitrations: Are They Confidential, or Just Private?” Insurance Day (2003).
- Bermuda, Barrister and Attorney
- England and Wales, Solicitor
- J.D. (1990) Inns of Court School of Law
- B.A. (1989) University of Kent at Canterbury, with honors
Memberships & Honors
Mark is admitted to the Law Society of England & Wales and to the Bars of Bermuda and California. In 2013, he was elected to the Bermuda Bar Council and has chaired subcommittees of the Bermuda Bar Association on the reintroduction of Queen’s Counsel status in Bermuda and the introduction of alternative fee arrangements. He sits on the Committee of the Claims and Litigation Management Alliance (Bermuda branch) and is a member of ARIAS, the British Insurance Law Association, the International Bar Association, the Chartered Institute of Arbitrators, the Bermuda Insurance Institute, The American Bankruptcy Institute, International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International) and the Professional Liability Underwriting Society (PLUS).
Mark was recognized by Chambers Global, The World’s Leading Lawyers for Business in 2013, 2014 and 2015 for Dispute Resolution in Bermuda, which notes that he is “highly respected in the litigation field, particularly in relation to insurance disputes”, “has extensive cross-border experience” and is “outcome-oriented and very pleasant to work with”. One source also said, “on the bigger litigations, he is the one you’d go to if you needed a big player”. Mark is also ranked in the Bermuda: Insurance section, with clients saying he is a “great litigator” and acclaiming “his experience, instinct, reputation and gravitas”. Other sources said “the reason we use him is because he’s very good at strategy and is commercially astute,” that he has “a good appreciation for multi-jurisdictional matters and a great knowledge of insurance” and he is “extremely effective as an advocate as well as being good in negotiations with the other side”.
In the firm’s yearly rankings by The Legal 500, he is consistently noted as a key individual and has been described as “one of the best of the Bermuda Bar”. Mark is listed as a leading lawyer in Bermuda in the “Insurance and Reinsurance” section of Euromoney’s 2015 Insurance and Reinsurance Expert Guides and in Who’s Who Legal: Insurance & Reinsurance 2015 and 2016 and in Legal Media Group’s Guide to the World’s Leading Insurance and Reinsurance Lawyers.