April 29 2010
START DATE
END DATE
Augu 31 2010
Albert T. Powers & Anglo-Suisse Finance Limited v. Sustainable Forest Holdings Limited & Fisher Capital Partners Limited
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda Commercial Court
Commercial Law Arbitration
Kawaley J
John Riihiluoma (Appleby)
Narinder Hargun (Conyers Dill & Pearman)
FACTS OF THE CASE:
Dispute over the appointment of a third arbitrator under an ad hoc Arbitration Agreement from March 18 2010 leading to court application for the appointment following disagreements on the mechanism for appointing the third arbitrator and the suitability based on nationality and logistical considerations
SUMMARY:
Whether the court should appoint the third arbitrator due to a breakdown in the agreed mechanism
OUTCOMES:
Court does not have jurisdiction to appoint the third arbitrator referring to the UNCITRAL Rules for appointment
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Albert T. Powers & Anglo-Suisse Finance Limited v. Sustainable Forest Holdings Limited & Fisher Capital Partners Limited
Dispute over the appointment of a third arbitrator under an ad hoc Arbitration Agreement from March 18 2010 leading to court application for the appointment following disagreements on the mechanism for appointing the third arbitrator and the suitability based on nationality and logistical considerations