Choice of NZIAC arbitration upheld by Ontario courts

May 2, 2022 | Arbitration, International Disputes, NZIAC, Private dispute resolution

A fan-favourite, Whittaker’s chocolate is the choice of many. But Whittaker’s could have missed out on its choice of dispute resolution process and jurisdiction when its former distribution agent in Canada sought to resolve a dispute in the Ontario courts rather than...

Sign of the times: enforcing an arbitration agreement exchanged by electronic counterparts

Mar 18, 2022 | Arbitration, International Disputes, NZIAC, Private dispute resolution

By Belinda Green In the electronic era, documents often do not exist in physical form. Does this affect their enforceability? Recent decisions from Australia and New Zealand show that our mindset about what an original or duly certified copy is might need to change...

Different dispute resolution clauses in related contracts. Which one prevails?

Mar 18, 2022 | Arbitration, International Disputes, NZIAC, Private dispute resolution

By Jo O’Dea If you have a number of related contracts between different parties and they have different dispute resolution clauses, which one do you use? SUMMARY In ZPMC- Red Box Energy Services Ltd vs Philip Jeffry Adkins and Others [2021] HKCFI 3501, there were 3...

Court thwarts bad faith attempt to lift veil of confidentiality of international arbitration award

Mar 18, 2022 | Arbitration, International Disputes, NZIAC, Private dispute resolution

By Maria Cole The confidentiality of arbitral proceedings is important. It is protected by statute and model law. In EBJ21 v EBO21,[1] the Federal Court of Australia refused to have its processes used to erode or undermine the parties’ agreement to, and the law’s...

New Zealand still rated as global leader for public sector transparency, honesty and integrity

Jan 28, 2022 | Arbitration, International Disputes, NZIAC, Private dispute resolution

Transparency International has just released the 2021 Corruption Perception Index (CPI) and New Zealand has retained its joint number one ranking along with Denmark, as having one of the least corrupt public sectors in the world. This year Finland joins the top-slot...

Wilful Breaches of Contract – Do Exclusion Clauses and Liability Caps Still Work?

Jan 28, 2022 | Arbitration, International Disputes, NZIAC, Private dispute resolution

Can deliberate or wilful contract breaches still benefit from clauses that limit or exclude liability? The English High Court recently considered this issue in Mott Macdonald Ltd v Trant Engineering Ltd,[1] which confirmed that clauses limiting or excluding liability...

Enforcement of foreign arbitration awards in Australia – lessons from the Hub Street appeal

Dec 23, 2021 | Arbitration, International Disputes, NZIAC, Private dispute resolution

The decision of the Full Court of the Federal Court of Australia in Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company[1] provides valuable guidance on the enforcement of foreign arbitration awards in Australia, including on the nature of the discretion...

Court continues to follow modern “one stop” adjudication approach and finds arbitration clause that says “may” arbitrate means the parties “must” do so

Dec 23, 2021 | NZIAC

Where an arbitration clause is included in a contract, the courts will not interpret it as giving the parties a choice between arbitration and litigation unless very clear language is used to indicate that is the parties’ intention.   Background Kenli brought...

Related parties involved in fraud and bribery are taught an elementary lesson: an arbitration award only binds the parties to it

Dec 23, 2021 | Alternative Dispute Resolution, Arbitration, International Disputes, NZIAC

In a recent judgment of the English Court of Appeal, Vale v Steinmetz [2021] EWCA Civ 1087, the Court has affirmed the “clear and considered statement of principle” that, save for limited purposes, an award between A and B has no binding effect in proceedings between...

Clause and effect: the importance of well-drafted model clauses

Dec 5, 2021 | Arbitration, International Disputes, Litigation, NZIAC

An overview of why well-drafted model clauses matter Introduction Contracts, like disputes, come in all shapes and sizes. Most parties to a contract are keen to get the deal finalised and signed on the dotted line as quickly as possible. There isn’t always an...