Welcome to the 17th issue of ReSolution® in which we draw on the experience and knowledge of leading experts in the field to bring you commentary, articles and reviews on topical matters relating to domestic and international dispute resolution. 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. I wish to take this opportunity to thank all our contributors. We are most grateful for the support we receive from dispute resolution professionals, law firms, and publishers, locally and overseas, that allows us to share with you papers and articles of a world-class standard, and to bring you a broad perspective on the law and evolving trends in the delivery and practice of domestic and international dispute resolution.
Contributions of articles, papers and commentary for future issues of ReSolution® are always welcome. I do hope you find this issue interesting and useful. Please feel free to distribute ReSolution® to your friends and colleagues – they are most welcome to contact us if they wish to receive our publications directly.