CL-2016-000101 |
QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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Guidant LLC |
Claimant |
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- and - |
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Swiss Re International SE Swiss Re International (UK Branch) |
Defendant |
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Mr J Lockey QC (instructed by Kennedys) for the defendants
Hearing date: 29/4/2016
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Crown Copyright ©
Mr Justice Leggatt :
"In the event of a failure of the first two arbitrators to agree on a third arbitrator, either of the parties may apply to a Judge of the High Court for the appointment of a third arbitrator."
"The sub-contractors, for instance, might say that the arbitrator's decision in the first arbitration might affect his decision in the second arbitration. If he had already formed his view in the first arbitration, they would be prejudiced. It would be most unfair to them because he would be inclined to hold the same view in the second arbitration."
That is, essentially, the same concern which I consider that Swiss Re might reasonably feel in the present case if the same third arbitrator were appointed for all three arbitrations.