Stepping up to the plate: Why and when to consider taking a swing at baseball arbitration

Herbert Smith has advised Winterthur Swiss Insurance Company, a member of the Credit Suisse Group, in a major dispute with XL Insurance (Bermuda) Limited, a subsidiary of XL Capital, which was resolved in Winterthur’s favour following what is believed to be the world’s biggest ever “baseball” arbitration. Originally used for determining baseball players’ salaries, baseball arbitration offers advantages if used in the right circumstances, but is neither without risk nor for the feint hearted. Continue reading