Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, arbitrators, mediators and other dispute resolution practitioners are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

RESOLUTION ISSUE 17

May 2018

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 [2017] 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 [2018] NZHC 32 which provides insight into how New Zealand Courts will approach the penalty doctrine.

CONTENTS

  • “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.