ReSolution Issue 20

March 2019

In this issue, we focus on dispute resolution in the field of Intellectual Property. In her article Protecting IP: Arbitration v Litigation, Yoanna Schuch explores the growing use of arbitration in IP disputes; while Mark Kelly explains the benefits of ADR for IP disputes in his article Intellectual Property and Alternative Dispute Resolution.

We also look at the importance of impartial and independent arbitrators and the significance of New Zealand’s ranking in Transparency International’s Corruption Perceptions index.

In Case in Brief, Alexander Duffy looks at the efficacy of using independent experts in dispute resolution clauses and whether they are practical for complex disputes in his analysis of Onslow Salt Pty Ltd v Buurabalayji Thalanyji Aboriginal Corporation [2018].

  • “Arbitrator Breached Duty to Act Fairly by Seeking an Opinion from a Third Party and Conducting his own Research” by Richard Bamforth and Liz Williams
  • “Court Sets Aside Arbitral Award for Serious Irregularity” by Gordon Bell and Christopher Richards
  • “Protecting IP: Arbitration v Litigation” by Yoanna Schuch
  • “Discussing Settlement Options: Minding the Gap Between Litigation Privilege and the Without Prejudice Rule” by Maura McIntosh
  • “Lessons to be Learned: Importance of Impartial and Independent Arbitrators” by Pierre Bienvenu
  • Case in Brief: “The Efficacy of Using Independent Experts in Dispute Resolution Clauses – Are they Practical for Complex Disputes?” Onslow Salt Pty Ltd v Buurabalayji Thalanyji Aboriginal Corporation [2018] FCAFC 118
  • “Transparency International: Why New Zealand’s Ranking Matters” by Catherine Green
  • Intellectual Property and Alternative Dispute Resolution – How not to be “Stultified by the Dead Hand of Unresolved Litigation” by Mark Kelly
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