Arbitration

  • Enforcement of agreement to arbitrate – anti-suit injunction – stay of proceedings – whether Bermuda court had jurisdiction to restrain foreign legal proceedings brought in breach of arbitration agreement – whether seat of arbitation Bermuda – Skandia International Insurance Co. & Ors. v. Al Amana Insurance & Reinsurance Co. Ltd. [1994] Bda LR 30; [1995] 4 Re L.R. 63
  • UNCITRAL Model Law, Article 16 – separability of arbitration clauses – scope of doctrine of separability under Bermuda law – power of court to review decision of tribunal that it had jurisdiction 

– Christian Mutual Life Insurance Company & Ors. v. ACE Bermuda Insurance Limited [2002] Bda LR 1
  • UNCITRAL Model Law, Article 34 – challenge to jurisdiction of arbitrators in Supreme Court under Article 16 – proceedings in Court of Appeal under Article 34 – which court should determine jurisdiction – application pending before both courts – whether Court of Appeal had jurisdiction to staty Supreme Court proceedings – Christian Mutual Life Insurance Company & Ors. v. ACE Bermuda Insurance Limited [2002] Bda LR 56
  • Seat of arbitration – whether Bermuda – whether Arbitration Act 1986 or Bermuda International Conciliation and Arbitration Act 1993 applied – jurisdiction of Bermuda court to restrain reinsurance arbitration commenced under AAA rules – whether arbitrators should first rule on challenge to jurisdiction – Professional Services Insurance Company Limited v. Gerling Konzern Versicherings Aktiengesellschaft and others [2003] Bda LR 55
  • UNCITRAL Model Law, Article 1 – meaning of “commercial” – appeal from arbitration award – jurisdiction of Court of Appeal – lease of property – option to purchase assigned to respondent – whether domestic or international commercial arbitration – Kessler v. Hill [2005] Bda LR 57
  • Confidentiality – injunction to restrain disclosure of material relating to previous arbitration – whether duty of confidentiality exists in relation to Bermuda arbitration proceedings – reinsurance contracts – collateral estoppel – whether various reinsureds have joint or composite interest – privity of interest – ABC Insurance Company v. XYZ Insurance Company [2006] Bda LR 8
  • Appeal from award – Arbitration Act 1986 – validity of option to purchase – assignment of option to purchase – lease of house with option to purchase given to non-Bermudian – whether lease and option illegal – Hill v. Kessler [2006] Bda LR 46
  • Enforcement of agreement to arbitrate – anti-suit injunction – jurisdiction of Bermuda Court to restrain Russian proceedings brought by Bermuda company in breach of agreements to arbitrate in Sweden and Switzerland – evidence of foreign law – judicial discretion – whether plaintiffs had “clean hands” – OAO “CT-Mobile” v. IPOC International Growth Fund Limited; LV Finance Group Limited v. IPOC International Growth Fund Limited [2006] Bda LR 69
  • FG Hemisphere Associates LLC v Democratic Republic of the Congo and the Office Congolais des Postes et Telecommunications [2005] Bda LR 26 – application by New Skies for enforcement of foreign judgment – service out of the jurisdiction – locus standi. On appeal sub nomine: New Skies Satellite BV v. FG Hemisphere Associates LLC [2005] Bda LR 59 – enforcement of judgment – competing claims – priority – sovereign immunity – service out of the jurisdiction – arbitration award
  • Montpelier Reinsurance Ltd v Manufacturers Property & Casualty Ltd [2008] Bda LR 9 – appointment of arbitrator – deadlock in appointing third arbitrator – adjournment
  • Montpelier Reinsurance Ltd v Manufacturers Property & Casualty Limited [2008] Bda LR 24 – appointment of third arbitrator – jurisdiction of the Court to appoint arbitrator – costs
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