Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, arbitrators, mediators and other dispute resolution practitioners are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

This is a particularly special issue as it also marks the launch of the New Zealand International Arbitration Centre’s (NZIAC) 2018 Rules for Arbitration, Mediation, and Arb-Med. With New Zealand’s well developed and trusted legal system, world class infrastructure, and ‘safe nation’ status, NZIAC is ideally positioned to become the Trans-Pacific Region’s premier forum to handle the expected growth in complex, cross-border commercial and investment disputes in the region. There is no question that the release by NZIAC of its 2018 suite of Rules will be keenly followed and will undoubtedly mark one of the most significant developments on the international dispute resolution scene this year.

In this issue we look at arb-med and repudiatory breach in the context of such a unitary agreement, when expert determination clauses go wrong, changes to the Thai Arbitration Act, applications for setting aside arbitral awards will require evidence of misconduct or irregularity and not just loss of confidence in the arbitrator’s ability; and more.

In Case in Brief, Sarah Redding looks at three recent cases (Oao v Magneco Meterel UK Ltd [2017] EWHC 2208 (Comm); Glencore Agriculture BV v Conqueror Holdings Ltd [2017] EWHC 2893 (Comm); and, Sino Chanel Asia Ltd v dana Shipping & Trading Pte Singapore & Anor [2017] EWCA Civ 1703) which demonstrate the importance of technical and procedural accuracy in drafting and serving arbitration documents.

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