Jun 28, 2022 | Arbitration, Enforcement of award, International Disputes, NZIAC
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...
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 | 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...