Welcome to the 19th 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 feature Participating, Non-participating and Boycotting Parties under Proposed Article 16. We also look at the Court of Arbitration for Art, mediation power imbalances, issues for arbitrators in determining jurisdiction, whether the scope of a reference to arbitration could be reduced by the pleadings, the Supreme Court in London’s reaffirmation of the legal effect of No Oral Modification clauses, the European Court of Human Rights’ decision as to whether the Court of Arbitration for Sport procedures are compatible with the right to a fair trial; and more. In Case in Brief, Fiona Tregonning and Kalyani Dixit look at the decision in Dreymoor Fertilisers Overseas Pte Ltd v Eurochem Trading GMBH [2018] EWHC 909 (Comm) in which the The English High Court has dismissed challenges to the jurisdiction of two arbitral tribunals in a case which – notwithstanding the outcome – highlights the importance of parties ensuring their network of contracts have clear, express and aligned dispute resolution clauses.
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. Wishing you all a safe and enjoyable holiday season and a successful and prosperous New Year from all of us at NZDRC.