Understanding Subrogation In Asia

The principle of subrogation is recognized and enshrined in many legal systems, particularly in the context of insurance relationships.

With ever increasing globalization, insurers and reinsurers are typically underwriting risks in a plethora of jurisdictions. Just as policies are often written subject to the local laws in jurisdictions where risks are located, often recoveries fall to be pursued in those locations. The emergence of new and developing markets with rising levels of insurance penetration and the increasing complexity of supply chains also mean that insurers must consider potential recoveries in a range of jurisdictions around the globe with wildly different governing laws, procedures and court systems. At the same time (due to market conditions) insurers are increasingly focused on "getting something back" and the value which recoveries can have to their balance sheets.

In this talk, RPC will explore some of the key issues in the Asia region and will cover both marine and property/construction subrogated recoveries

- Subrogated recoveries around the Asia region

- Jurisdictional differences in the Asia region

- Commercial/practical considerations; and

- Pitfalls to look out for.

Speaker profile :

1. Iain Anderson (Partner)

A marine specialist, Iain Anderson centres his practice on every type of related insurance problem that can arise.

He also focuses a part of his practice on offshore energy risks, including WELCAR, COW, OEE/EED problems - both coverage and subrogation. In the PRI and trade credit sector he works with the Asia market to assist in coverage and recovery issues and to help the market raise its regional profile.

2. Summer Montague (Partner)

With over a decade's experience, Summer Montague is a commercial disputes lawyer who focuses on insurance and reinsurance.

Summer specialises in resolving complex, cross-border insurance and reinsurance disputes arising from property, power generation, energy (onshore and offshore), mining and construction risks. She regularly advises in respect of Contractors All Risks, Erection All Risks and Delay in Start Up, PD/BI and construction professional indemnity policies.

Summer is also experienced in International Arbitration and English High Court / Court of Appeal litigation and regularly monitors proceedings in multiple jurisdictions across Asia. She is a qualified mediator with the Singapore Mediation Centre.