Arbitration and mediation of disputes involving trusts get the green light in New Zealand
In a watershed moment on Wednesday of this week, the New Zealand Parliament passed the Trusts Bill which contains unique and important provisions that expressly provide for arbitration and mediation of internal and external disputes involving trusts, including for...
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 The Commercial Court has remitted an award to the arbitrator for reconsideration on the basis of serious irregularity after the arbitrator sought the opinion of a third party and conducted his own research without notifying the...
REPORTED TRADE NUMBERS SHOW PROMISING START TO CPTPP
Australia was the sixth country to ratify the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), after Japan, Singapore, Mexico, New Zealand and Canada triggering the 60 day countdown to entry into force of the Agreement on 30 December 2018 and the first...
Transparency International: why New Zealand’s ranking matters
By Catherine Green The rule of law is profoundly important for a fair and functioning justice system to underpin effective international dispute resolution. It is beyond argument that New Zealand is highly respected globally as an independent and lawful jurisdiction...
Should one-size fit all?
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...
Peter Baugher: contemporary issues in international commercial disputes
We were delighted to have leading international arbitrator Peter Baugher join us from Chicago, Illinois for an evening discussion last night on how we can best resolve international commercial disputes in today’s complex and dynamic legal, economic, and...
ReSolution Issue 17 out now
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...