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 political environment.

Peter’s presentation was a fascinating presentation covering a wide range of contemporary issues including:

  • US perspectives on business litigation and arbitration;
  • international dispute resolution in a time of global turmoil;
  • American politics; and
  • challenges and opportunities for the Rule of Law across boundaries and culture.

Our thanks to Peter for taking the time to come to speak with us while he was down in Auckland.

Thank you also to Russell McVeagh for hosting the event and to all who were able to attend especially at such a busy time of the year.

The nuts and bolts of appealing an arbitral award when you need the Court’s leave

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...

Lifestyles of the rich and famous: polo clubs and (non) party parties

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...

The importance of certainty in international arbitration agreements

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...

Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Ltd [2022] ONSC 1679

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...

All dressed up but nowhere to go: Recognition but no enforcement of ICSID awards

By Dr Anna Kirk and Belinda Green Foreign arbitral awards can be recognised and enforced in other countries by virtue of the provisions of the New York Convention. This is typically a quick and easy process. But two recent cases have been anything but. Why? Because...

Choice of NZIAC arbitration upheld by Ontario courts

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...

Sign of the times: enforcing an arbitration agreement exchanged by electronic counterparts

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...

Different dispute resolution clauses in related contracts. Which one prevails?

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...

Court thwarts bad faith attempt to lift veil of confidentiality of international arbitration award

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...

New Zealand still rated as global leader for public sector transparency, honesty and integrity

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...

Wilful Breaches of Contract – Do Exclusion Clauses and Liability Caps Still Work?

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...

Enforcement of foreign arbitration awards in Australia – lessons from the Hub Street appeal

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...

Court continues to follow modern “one stop” adjudication approach and finds arbitration clause that says “may” arbitrate means the parties “must” do so

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...

Related parties involved in fraud and bribery are taught an elementary lesson: an arbitration award only binds the parties to it

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...

Clause and effect: the importance of well-drafted model clauses

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 appetite...

Admission of Arbitrator’s Findings in Subsequent Court Proceedings – the Scope of Issue Estoppel

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’...

ACICA/CIArb Australia International Arbitration Conference

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...

Court sees through layers of lipstick and linguistic camouflage in audacious application to set aside arbitral award

By Maria Cole.   Unfortunately, too many unsuccessful arbitration participants still see it as worth their while to 'roll the dice' by manufacturing a pathway to a court, where strained procedural unfairness arguments rise to the fore as something...

Pandemics, lockdowns and contracts – can overseas courts give us any insight?

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...

Peru Ratifies Major Trade Agreement

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...