RESOLUTION ISSUE 12

February 2017

In this issue we feature the financial sector with articles on the ICC Report on Financial Institutions and Arbitration, and expert determination in the context of the recent High Court decision in the Peregrine Wines shareholder dispute.

We also look at the study of neuroscience and its relevance to mediation, the little understood default appointment procedure for arbitrators in domestic arbitration, litigation funding in international arbitration, witness preparation in international arbitration, and more.

In Case in Brief, Sarah Redding discusses the recent highly publicised decision of the Hong Kong Court of Appeal in the Astro case in which the court dismissed an out of time appeal against enforcement and confirmed the ‘choice of remedies’ principle whereby an unsuccessful party to an international arbitration can choose to ‘passively oppose enforcement’ of an award.

CONTENTS

  • Expert determination: High Court takes a wine tour by Timothy Lindsay and Jay Shaw
  • What I learned from studying neuroscience about the future of mediation by Camaron Thomas
  • ICC Report on Financial Institutions and Arbitration will be of interest to banks and financial institutions throughout Asia-Pacific by Tim Lindsay
  • Agreeing to disagree: default arbitral appointments by Catherine Green
  • Case in Brief: Astro v Lippo by Sarah Redding
  • Australia: Litigation funding in international arbitration: recovering the costs of litigation finance by Andrew Stephenson and Lee Carroll
  • Witness preparation in international arbitration: where to start and where to stop by Jue Jun