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...
Aug 24, 2021 | Arbitration, International Disputes, Jurisprudence, NZIAC
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) has recently been ratified by Peru, making it the eighth member to approve the pact after it entered into force in December 2018. Peru was one of four remaining countries that had yet to...
Jun 22, 2021 | Arbitration, International Disputes, NZIAC
By Maria Cole A recent decision of the Singapore High Court shone a spotlight on indemnity costs and when they will, and won’t, be granted following the unsuccessful challenge of an arbitral award. The decision highlighted the opposite principles in place between...
Jun 17, 2021 | Arbitration, International Disputes, NZIAC
By Melt Strydom and Melissa Perkin. Argos Pereira España SL and another v Athenian Marine Ltd [2021] EWHC 554 The English High Court was asked whether a third party which derived rights from a contract, and failed to comply with the contract’s arbitration...
Jun 15, 2021 | Arbitration, International Disputes, NZIAC
By Melissa Perkin and Hannah Stanley. The issue of whether there should be a right to review an arbitral award for an error of law, and if so in what circumstances may it be done, has been controversial.[1] Three recent High Court decisions have reflected that a...
Apr 9, 2021 | Arbitration, International Disputes, NZIAC
By Maria Cole. We all make mistakes – it’s human nature. However, some mistakes have bigger consequences and a London Court of International Arbitration (LCIA) panel recently had a US$54 million howler! When calculating the value of shares in assessing damages in a...
Mar 24, 2021 | Arbitration, International Disputes, NZIAC
By Maria Cole. Third-party funding, also known as litigation funding, is where a third-party, with no legal interest in the dispute, agrees to fund some or all the costs of a party to the dispute in return for a “a slice of the action”. Historically third-party...
Mar 17, 2021 | Arbitration, International Disputes, NZIAC
By Melissa Perkin. Arbitration users have become well-accustomed to remote hearings such as procedural hearings by telephone, or witness cross-examination being undertaken by video-link in recent years. The technology to conduct remote hearings in domestic and...
Mar 5, 2021 | Arbitration, International Disputes, NZIAC
By Melissa Lin and Belinda Green. The International Bar Association (IBA) published its revised Rules on the Taking of Evidence in International Arbitration (the Rules of Evidence) on 17 February 2021. The revised rules will apply to all arbitrations in which the...
