ReSolution Issue 21

June 2019

In this issue, we look at conferring exclusive jurisdictions on experts in rent review disputes, the granting of access to documents for use in arbitral disciplinary proceedings by the Commercial Court in London, the ruling by the Supreme Court of Canada that affirms the enforceability of arbitration clauses despite related class action, the benefits of arbitrating banking and finance disputes and more.

In Case in Brief we review the English High Court’s decision in Sonact Group Limited v. Premuda SPA [2018], where the Court confirmed it’s pro-arbitration approach to the interpretation of arbitration agreements.

In the first of an exciting new six part series, Catherine Green provides an introduction to the Singapore Mediation Convention. Successive articles in the series will explore the question of whether becoming signatories to the Singapore Convention would be a positive development for states located within the Trans-Pacific region. 

Contents

 

  • “Conferring Exclusive Jurisdiction on Experts in Rent Review Disputes” by Barry Edgar, Gareth Hale and Lisa Cruickshank
  • “Court Grants Access to Documents for Use in Arbitral Disciplinary Proceedings” by Adam Greaves and Liz Williams
  • Case in Brief: “English High Court Recognises Arbitral Tribunal’s Jurisdiction over Settlement Agreement in Absence of Express Arbitration: Sonact Group Limited v. Premuda SPA [2018]” by Nicholas Peacock and Charlie Morgan
  • “No ‘Piggybacking’ to Avoid B2B Arbitration: Supreme Court of Canada Affirms Enforceability of Arbitration Clauses Despite Related Class Action” by Robert Wisner
  • “The Singapore Mediation Convention: a panacea for trade in the Trans-Pacific Region or just one piece of the puzzle?” by Catherine Green
  • “Effective Communication at Work” by Gloria Masters
  • “Arbitrating Banking and Finance Disputes – What are the Benefits?” by Barbara Badertscher
  • “High Court of Australia Rules on Interpretation of Arbitration Clauses” by Leon Chung and Andrew Mason
  • “Independent Panel’s Report on Family Justice System welcomed” by John Green