dispute with a US company under contract to refer investors to the firm.

Delaware-registered Manley Management Inc. has sued Everest over fees the company claims it is owed for bringing investors to the firm. The dispute is over a three-year consulting contract Everest had made with Manley in March 1995. Manley was to receive fees for services.

According to a judgment made in Bermuda Supreme Court over who should arbitrate the dispute, Manley claims Everest owes the consultancy fees for "introductions''. Everest disputes the fees. The fund manager countered that the dispute is over "the identity of investors introduced to Everest by Manley'', Puisne Judge Denis Mitchell stated.

Manley had asked to court to have accountant Michael Kirkwood appointed as an arbitrator. Everest disputed Manley's contention that the case was an accounting dispute and stated that the case was one of facts and concerned the identity of those introduced. Everest nominated a choice of three Bermuda-based lawyers.

Mr. Justice Mitchell agreed with Everest, stating that the arbitration would need someone familiar with procedures in Bermuda. He chose Appleby, Spurling and Kempe lawyer Geoffrey Bell as arbitrator, after Manley's lawyer Andrew Martin indicated that was his client's choice.

Now Manley has filed a new writ against Everest. Mr. Bell said he could not comment on the case as an arbitrator. Mr. Martin did not return a telephone inquiry.