Apr 19, 2023 | Arbitration, International Disputes, Maritime, NZIAC, Private dispute resolution
FollowFollowFollow Download PDF Many may recall in the early months of 2021 a story as bizarre as it was disruptive. A 400-metre-long ship, the ‘Ever Given’, had lodged itself firmly in the pits of the Suez Canal, one of two of the world’s most vital shipping...
Mar 29, 2023 | Arbitration, International Disputes, NZIAC
By Richard Pidgeon The Supreme Court of Western Australia in Power and Water Corporation v Eni Australia B V [2022] WASC 376 considered whether a party to a gas supply agreement was justified in attempting to avoid an arbitration clause. On the facts, the application...
Mar 23, 2023 | Arbitration, International Disputes, NZIAC
By Sam Dorne In BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25, the UK Supreme Court handed down its judgment which examined the role of directors when a company becomes, or is likely to become, insolvent. The decision looked at when directors were to consider the...
Mar 15, 2023 | Arbitration, International Disputes, NZIAC
By Kate Holland The English Court of Appeal made waves in the last part of 2022 with its decision in MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406. On a non-uanimous basis, the Court of Appeal held that a party had not been entitled to rely on a force majeure clause...
Mar 8, 2023 | Arbitration, International Disputes, NZIAC
By Richard Pidgeon In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA Civ 1555 (DHL v Gemini), the Court of Appeal of England and Wales dealt with the separability principle. The principle deals with the existence of an arbitration...
Feb 22, 2023 | Arbitration, International Disputes, NZIAC
By Kate Holland In Woolworths Group Ltd v Twentieth Super Pace Nominees Pty Ltd [2021] NSWSC 344, the Supreme Court of New South Wales applied a narrow interpretation to the meaning and effect of a force majeure clause, finding that it did not override other...
Feb 15, 2023 | Arbitration, International Disputes, NZIAC
The ADR Centre launched its dedicated website. This follows the opening of the physical ADR Centre in August 2022, the first purpose-built centre for dispute resolution in New Zealand. The ADR Centre is the first true bricks-and-mortar centre for practitioners in New...
Jan 25, 2023 | Arbitration, International Disputes, NZIAC
By Maria Cole Circumstances can arise when an arbitrator in a domestic arbitration needs to voluntarily resign their appointment. But what is the status of the arbitration if this occurs? Does the court have jurisdiction to step in? This article looks at a recent...
Jul 25, 2022 | Arbitration, International Disputes, NZIAC
By Maria Cole What is involved when you want to appeal an arbitral award but need leave from the High Court to get a foot in the door? Two recent decisions out of Hong Kong and New Zealand look at different aspects of the application process. Any party to an...
Jul 12, 2022 | Arbitration, International Disputes, NZIAC
By Maria Cole and Michelle Rubaduka A company that acquired the Beverly Hills Polo Club trade mark was found by the English Court of Appeal to be bound by an arbitration clause in an agreement entered into by its predecessor owner of the trade mark.[1] The...
Jul 12, 2022 | Arbitration, International Disputes, NZIAC
By Sam Dorne The UK Supreme Court has once again looked at how to determine the law that applies to an international arbitration agreement in the case of Kabab-Ji SAL v Kout Food Group [2021] UKSC 48. An interesting set of facts led the Court to look at an...
Jul 6, 2022 | Arbitration, International Disputes, NZIAC
By Elliott Couper and Jack Davies New Zealand confectionary and chocolate manufacturer, JH Whittaker & Sons Ltd (Whittaker’s), has brought a successful motion to stay litigation commenced against it by Husky Food Importers & Distributors Ltd (Husky) in the...
![Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Ltd [2022] ONSC 1679](https://www.nziac.com/wp-content/uploads/2022/07/pexels-pixabay-65882-1080x675.jpg)