Legal News

Commercial Court appoints common third arbitrator in related arbitrations (Guidant v Swiss Re)

Published on: 14 June 2016
Published by: LexisPSL
  • Commercial Court appoints common third arbitrator in related arbitrations (Guidant v Swiss Re)
  • Key points for practitioners
  • Background
  • A balancing act
  • Abu Dhabi Gas distinguished
  • Appointing a common third arbitrator in proceedings with identical parties
  • Court details

Article summary

Arbitration analysis: Leggatt J in the Commercial Court has appointed the same third arbitrator in two arbitration proceedings between identical parties. The judge rejected the applicant’s request to appoint the same arbitrator across three arbitration proceedings that involved a further unrelated party. This decision is a useful reminder of the general issues to consider when contemplating the appointment of a common arbitrator and, where there is no agreement, the approach a court may take in exercising its power to appoint an arbitrator in accordance with section 18(3) of the Arbitration Act 196 (AA 1996). or take a trial to read the full analysis.

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