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...
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...
May 28, 2018 | Litigation, Private dispute resolution
Mediation, arbitration, arb-med, adjudication, expert determination, early neutral evaluation, the list goes on. These are the processes commonly referred to as ADR – alternative dispute resolution. Alternative to what? To the publicly funded State court system of...
