Reasserting the confidentiality of arbitration proceedings and the absence of any power on the part of the arbitrators or the Court to order consolidation, the Commercial Court has refused an insured’s application for the appointment of a common third arbitrator across a series of arbitrations. The insured had commenced said arbitrations against separate insurers subscribing to a tower of liability insurance policies on the Bermuda Form. John Lockey QC, instructed by Kennedys, acted for the successful insurer, Swiss Re. Guidant LLC v Swiss Re [2016] EWHC 1201 (Comm).
