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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
Nov 10, 2021 | Arbitration, International Disputes, NZIAC
In a recent case where damages were sought by an employee for psychological injury from bullying and harassment[1], the Federal Court of Australia considered whether issue estoppels arose from the findings in a prior determination of an arbitrator of the Workers’...
Oct 2, 2021 | Arbitration, International Disputes, NZIAC
The Australian Centre of International Commercial Arbitration (ACICA) and the Chartered Institute of Arbitrators Australia (CIArb Australia) are pleased to invite you to their 2021 International Arbitration Conference: New and Emerging Norms in International...
