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.