RESOLUTION ISSUE 22

September 2019

In this issue, we look at why arbitration is so popular in commercial landlord and tenant disputes and the historic trade agreement that has been agreed between Mercosur and the European Union. We examine a report issued by Scottish Mediation which proposes a strategy to make mediation mainstream in Scotland and we review the bill that the New Zealand Government has announced it intends on introducing to establish a farm debt mediation scheme. In Case in Brief we review the English Court of Appeal’s decision in Equitas Insurance Limited v Muncipal Mutual Insurance Limited [2019], where the Court allowed an appeal under section 69 of the Arbitration Act 1996 against an award issued by a judge-arbitrator.

In part three of her six part series on The Singapore Mediation Convention, Catherine Green considers what impact the Convention would have on trade and investment in the Trans-Pacific region and whether it would increase the incidence of FDI (foreign direct investment) in Trans-Pacific states.

 CONTENTS

  • “Commercial Landlord and Tenant Disputes: Three Reasons Why Arbitration is so Popular” by Catherine Green
  • “Mercosur and the European Union Agree Historic and Ambitious Trade Agreement” by Andrew Cannon, Florencia Villaggi and Silvia Marroquin
  • Case in Brief: “English Court Allows Section 69 Appeal on Point of Law Against Award Issued by Judge Arbitrator Clause: Equitas Insurance Limited v Municipal Mutual Insurance Limited [2019] ” by Nicholas Peacock and Aaron McDonald
  • “Tribunal Opens for Canterbury Earthquake Claimants” by Sam Hider, Miranda Gray and Matthew Prendergast
  • “Making Mediation Mainstream in Scotland” by Jane Fender-Allison
  • “Expert Determination or Arbitration? A Dispute About How to Resolve a Dispute ” by Claire McKenzie, Sean Kelly and Alison Close
  • “Farm Debt Mediation Scheme” by Miriam Andrews, Paul Farrugia and Scott Abel
  • “The Singapore Mediation Convention: A Panacea for Trade in the Trans-Pacific Region or Just One Piece of the Puzzle? Part three of a six part series” by Catherine Green
  • “Negative People” by Gloria Masters