ReSolution Issue 24
March 2020
In this issue, we look at the dangers of defective dispute resolution clauses – as have been highlighted in recent High Court cases. In Fiona Tregonning’s article on page 7 she examines Tumatatoro Limited v HJS AG Limited & Ben Vanderkolk [2019] NZHC 1047 and the problems caused by a clumsily constructed dispute resolution clause in a lease.
This quarter we feature part one of a two-part series focusing on using mediation as a business tool. In this instalment Paul Stills considers the benefits of using early intervention facilitation in commercial relationships.
In Case in Brief we examine Pukeroa Properties (no. 2) Limited v Rotorua Hunting & Fishing New Zealand Limited [2019] NZHC 1367 in which an arbitrators award was challenged and leave to appeal was sought. We look closely at the reasoning for the ensuing judgment.
Elsewhere we delve into BNA v BNB and Anor [2019] SGCA 84 where a lack of clarity in a contract resulted in a drawn-out international dispute, ending in the Singapore Court of Appeal. In a similar vein on page 29, we look at an English Court of Appeal decision on a dispute where parties to a contract failed to distinguish between the arbitration agreement and the contract as a whole when deciding which governing law to choose.
Contents
- “The danger of defective dispute resolution clauses” by Fiona Tregonning
- “Cour de cassation upholds decision to set aside an award following an arbitrator’s non-disclosure” by Laurence Franc-Menget & Peter Archer
- “Using mediation as a business tool – part 1” by Paul Sills
- “Singapore Court of Appeal confirms that the parties’ intention to arbitrate should not be given effect ‘at all costs'” by Brenda Horrigan, Daniel Waldek, Waina Ye & Mitchell Dearness
- Case in Brief: “The extent of a landlord’s freedom to vary tenancy mix plans: Pukeroa Properties (no. 2) Limited v Rotorua Hunting & Fishing New Zealand Limited [2019] NZHC 1367″ by Sophie Hursthouse
- “Court of Appeal holds that a choice of law clause also determines the law of the arbitration agreement” by Richard Bamforth & Liz Williams