ReSolution Issue 8 Feb 2016 | Page 3

contents

01 FROM THE EDITOR


03 RESOLUTION® IN BRIEF


09 Avoiding unenforceable penalty clause - Samantha H Roberts and Emma Jones, Reed Smith, London


12 FEATURE


Where is the voice of the child in FDR? - Carol Powell, FDR Centre Panelist


13 Professional negligence: professionals’ continuing duty of care - Simon Garrett and Kate Murphy, CMS Cameron McKenna LLP, London


15 Do you want your mediator evaluative and are more inter-party meetings in mediation a good idea?- Iain Roxborough and Matthew Scully, Clifford Chance, London


20 Ut res magis valeat quam pereat and reconciling litigation and arbitration clauses in contract - Michael Stocks and Louise Lanzkron, Bird & Bird, UK


22 Singapore Court of Appeal Rules on Arbitrability - June Yeum, Clyde & Co, Singapore


24 Singapore Court of Appeal confirms that Award cannot be remitted to the Tribunal after being set aside by the Court - Leng Sun Chan SC, Rian Matthews, and Lavania Rengarajoo, Baker & McKenzie, Singapore
27 Summary judgment in international arbitrations – to be or not to be? That is the question - Dermot McEvoy and Siobhan Marry, Eversheds, Ireland


33 Hong Kong Court confirms that indemnity costs are payable for unsuccessful challenges to arbitration agreements - Kwok Kit Cheung, Deacons, Hong Kong


35 CASE IN BRIEF


Torchlight Fund No 1 LP (in rec) v Johnstone [2015] NZHC 2559 - Catherine Green, NZDRC Panelist


37 Privy Council gives its view on “optional” arbitration clauses- Harriet Stokes, Michelmores LLP, London


39 Letters to the Editor