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...
Sep 3, 2021 | Alternative Dispute Resolution, Arbitration, Case Law, International Disputes, Litigation, Mediation, NZIAC, Private dispute resolution
By Belinda Green. When the COVID-19 pandemic first arrived in New Zealand, there was widespread discussion amongst the legal community about the impact the pandemic and the Government “lockdowns” might have on contracts.[1] Two main avenues for obtaining contractual...
Apr 8, 2020 | Alternative Dispute Resolution, IT Dispute Resolution, Mediation, NZIAC, Private dispute resolution
By Gerard Doolin In a previous post I posed the question “Can customised Mediation or the use of Dispute Review Boards resolve and reset IT Project contract disputes?“ I shared some of the findings and recommendations of industry focused research (conducted in...
Dec 11, 2018 | Alternative Dispute Resolution, Arbitration
Participating, non-participating and boycotting parties under proposed Article 16(4) By Albert Monichino QC* Introduction On 1 October 2018, the Justice Committee of the New Zealand Parliament (‘Justice Committee’) published its Final Report on the Arbitration...
May 31, 2018 | Alternative Dispute Resolution, Arbitration, Mediation, NZIAC
In this issue we look at what happens when a member of an arbitral tribunal fails to perform, enforcement of arbitration agreements against non-signatories, and securing the appointment of an arbitral tribunal in the absence of agreement. We also look at whether there...