Musings of a busy mind

LawTalk has kindly agreed to publish my article on the Arbitration Amendment Act 2019.

Coincidentally, LawPoints has also published a further article on the arbitration provisions of the Trusts Bill 2017, which will return to the House shortly (it's currently No 5 on the Order Paper). There are considerable problems with the arbitration provisions in the Bill, as currently drafted ... see links below


It has become a truism that liquidated damages are enforceable, and will not offend the rule against penalties, if they represent a genuine pre-estimate of loss undertaken at the time the contract is entered into.

That position was modified significantly last month by the Court of Appeal.