Resolution in Brief
Welcome to our ReSolution in Brief blog page, which hosts a collection of news, articles, and announcements relating to the latest information and rulings about Arbitration, Mediation, and private dispute resolution, both in the Asia-Pacific and New Zealand jurisdictions.
Admission of Arbitrator’s Findings in Subsequent Court Proceedings – the Scope of Issue Estoppel
Contents
- Admission of Arbitrator’s Findings in Subsequent Court Proceedings – the Scope of Issue Estoppel
- ACICA/CIArb Australia International Arbitration Conference
- Court sees through layers of lipstick and linguistic camouflage in audacious application to set aside arbitral award
- Pandemics, lockdowns and contracts – can overseas courts give us any insight?
- Peru Ratifies Major Trade Agreement
- What are the cost implications of challenging an arbitral award through the courts?
- Equitable compensation allowed for breach of arbitration clause by a third party
- Limits to appeals of arbitral awards
- It pays to check: US$54 million error a “simple” mistake
- Third-party funding: has it finally come in from the cold?
In a recent case where damages were sought by an employee for psychological injury from bullying and harassment[1], the Federal Court of Australia considered whether issue estoppels arose from the findings in a prior determination of an arbitrator of the Workers’...
ACICA/CIArb Australia International Arbitration Conference
The Australian Centre of International Commercial Arbitration (ACICA) and the Chartered Institute of Arbitrators Australia (CIArb Australia) are pleased to invite you to their 2021 International Arbitration Conference: New and Emerging Norms in International...
Court sees through layers of lipstick and linguistic camouflage in audacious application to set aside arbitral award
By Maria Cole. Unfortunately, too many unsuccessful arbitration participants still see it as worth their while to 'roll the dice' by manufacturing a pathway to a court, where strained procedural unfairness arguments rise to the fore as something...
Pandemics, lockdowns and contracts – can overseas courts give us any insight?
By Belinda Green. When the COVID-19 pandemic first arrived in New Zealand, there was widespread discussion amongst the legal community about the impact the pandemic and the Government “lockdowns” might have on contracts.[1] Two main avenues for obtaining contractual...
Peru Ratifies Major Trade Agreement
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) has recently been ratified by Peru, making it the eighth member to approve the pact after it entered into force in December 2018. Peru was one of four remaining countries that had yet to...
What are the cost implications of challenging an arbitral award through the courts?
By Maria Cole A recent decision of the Singapore High Court shone a spotlight on indemnity costs and when they will, and won’t, be granted following the unsuccessful challenge of an arbitral award. The decision highlighted the opposite principles in place between...
Equitable compensation allowed for breach of arbitration clause by a third party
By Melt Strydom and Melissa Perkin. Argos Pereira España SL and another v Athenian Marine Ltd [2021] EWHC 554 The English High Court was asked whether a third party which derived rights from a contract, and failed to comply with the contract's arbitration clause, may...
Limits to appeals of arbitral awards
By Melissa Perkin and Hannah Stanley. The issue of whether there should be a right to review an arbitral award for an error of law, and if so in what circumstances may it be done, has been controversial.[1] Three recent High Court decisions have reflected that a...
It pays to check: US$54 million error a “simple” mistake
The International Bar Association recently published a revised Rules of Evidence on 17 February 2021. The main updates involve adding cyber security and data protection, allowing remote hearings and exclude evidence obtained illegally.
Third-party funding: has it finally come in from the cold?
The International Bar Association recently published a revised Rules of Evidence on 17 February 2021. The main updates involve adding cyber security and data protection, allowing remote hearings and exclude evidence obtained illegally.
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