Gas dispute to be aired in arbitration

Mar 29, 2023 | Arbitration, International Disputes, NZIAC

By Richard Pidgeon The Supreme Court of Western Australia in Power and Water Corporation v Eni Australia B V [2022] WASC 376 considered whether a party to a gas supply agreement was justified in attempting to avoid an arbitration clause. On the facts, the application...

Where do directors’ duties lie once insolvency looms?

Mar 23, 2023 | Arbitration, International Disputes, NZIAC

By Sam Dorne In BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25, the UK Supreme Court handed down its judgment which examined the role of directors when a company becomes, or is likely to become, insolvent. The decision looked at when directors were to consider the...

Is a party required to accept non-contractual performance during a force majeure event?

Mar 15, 2023 | Arbitration, International Disputes, NZIAC

By Kate Holland The English Court of Appeal made waves in the last part of 2022 with its decision in MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406. On a non-uanimous basis, the Court of Appeal held that a party had not been entitled to rely on a force majeure clause...

Separability and arbitral tribunals being ‘open business’??

Mar 8, 2023 | Arbitration, International Disputes, NZIAC

By Richard Pidgeon In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA Civ 1555 (DHL v Gemini), the Court of Appeal of England and Wales dealt with the separability principle. The principle deals with the existence of an arbitration...

Supreme Court of New South Wales finds force majeure clause offered no protection for loss and damage to goods in transit

Feb 22, 2023 | Arbitration, International Disputes, NZIAC

By Kate Holland   In Woolworths Group Ltd v Twentieth Super Pace Nominees Pty Ltd [2021] NSWSC 344, the Supreme Court of New South Wales applied a narrow interpretation to the meaning and effect of a force majeure clause, finding that it did not override other...

When can an arbitrator voluntarily resign and what are the implications for the arbitration?

Jan 25, 2023 | Arbitration, International Disputes, NZIAC

By Maria Cole Circumstances can arise when an arbitrator in a domestic arbitration needs to voluntarily resign their appointment. But what is the status of the arbitration if this occurs? Does the court have jurisdiction to step in? This article looks at a recent...

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

Jul 25, 2022 | Arbitration, International Disputes, NZIAC

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

Jul 12, 2022 | Arbitration, International Disputes, NZIAC

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

Jul 12, 2022 | Arbitration, International Disputes, NZIAC

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

Jul 6, 2022 | Arbitration, International Disputes, NZIAC

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

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...

Choice of NZIAC arbitration upheld by Ontario courts

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...