RESOLUTION ISSUE 17
In this issue we look at what happens when a member of an arbitral tribunal fails to perform, enforcement of arbitration agreements against non-signatories, and securing the appointment of an arbitral tribunal in the absence of agreement.
We also look at whether there should be full and frank disclosure in international arbitration; and more.
In Case in Brief Mark Addison looks at the case of Al Azhari, Ihab v 27 Scott Street P/L & Ors  VSC 600 which highlights the perils associated with drafting a binding and enforceable settlement agreement following mediation; and Frank Brown and Iain Stephenson discuss the recent High Court case of Honey Bees Preschool Limited v 127 Hobson Street Limited  NZHC 32 which provides insight into how New Zealand Courts will approach the penalty doctrine.
- “Two out of three ain’t bad! Does it matter if a member of an arbitral tribunal does not actively participate?” by Sean Kelly and Jonathan Tong
- Case in Brief – Double Edition – “Settling at mediation: be careful with the terms” by Mark Addison
- “The Law According to Honey Bees: NZ takes stance on penalty doctrine law” by Frank Brown and Iain Stephenson
- “Enforcement of Arbitration Agreements against Non-Signatories: which law (the chicken and the egg)?” by Albert Monichino QC
- “Should there be full and frank disclosure in international arbitration?” by Matthew Knowles
- “Securing the appointment of an arbitral tribunal in the absence of agreement: the default appointment procedures under the Arbitration Act 1996 – little understood and seldom properly followed” by John Green
- “Companies Judge strikes out winding-up petition in favour of arbitration” by Jenny Zhuang and Richard Keady.