RESOLUTION ISSUE 23

November 2019

In this issue we feature Gerard Doolin’s research project on the causes of IT Project misalignment and contract disputes. The results of the survey conducted as part of the project have been collated and released in a final report. A copy of the report can be downloaded on page 12.

We look at a long running battle to divide relationship property that was played out in the New Zealand courts and we examine some of the issues that confront families with aging parents. We continue Catherine Green’s series on the Singapore Mediation Convention with her penultimate instalment, which looks at the dual questions of cost and time.

In Case in Brief we look at Lomax v Lomax [2019] EWCA Civ 1467 in which early neutral evaluation was ordered by the Court without party consent. This decision can be seen as a strong statement of support for ADR in the UK.
The English court’s acceptance of ADR features again in our article on Process and Industrial Development Ltd v Federal Republic of Nigeria [2019] EWHC 2241 where the seat of the arbitration was in dispute. We also take a look at why Brexit should not be characterised as a divorce, lessons that can be learnt when a mediation gets HOT and more.

CONTENTS

  • “Avoiding Conflict and improving Dispute resolution for IT Projects” by Gerard Doolin
  • “Ten years in a leaky boat – lucky just to keep afloat” by John Green
  • “Court confirms arbitral tribunal’s construction of an arbitration agreement as to the correct seat of the arbitration” by Richard Bamforth and Emily Hudson
  • Case in Brief: “Court holds Early Neutral Evaluation can be ordered without party consent: Lomax v Lomax [2019] EWCA Civ 1467” by Sophie Hursthouse
  • “Brexit: A cautionary tale for divorcing couples?” by Graeme Fraser
  • “Eldercare mediation: setting up families for success” by Kathleen Kauth
  • “English High Court refuses to enforce unchallenged arbitral award in light of new evidence ” by Nicholas Peacock and Vanessa Naish
  • “Statement of Agreed Facts in development valuation dispute: ‘to bind or not to bind, that is the question’ ” by Anna Ralston-Crane, Marcus Barclay and Nick Wood
  • “The Singapore Mediation Convention: the dual questions of cost and time. Part five of a six part series” by Catherine Green
  • “When mediation gets HOT: Abberley v Abberley” by Laura Cole and Kieran Sharman