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...
Aug 24, 2021 | Arbitration, International Disputes, Jurisprudence, NZIAC
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...
Jun 22, 2021 | Arbitration, International Disputes, NZIAC
By Maria Cole A recent decision of the Singapore High Court shone a spotlight on indemnity costs and when they will, and won’t, be granted following the unsuccessful challenge of an arbitral award. The decision highlighted the opposite principles in place between...
Jun 17, 2021 | Arbitration, International Disputes, NZIAC
By Melt Strydom and Melissa Perkin. Argos Pereira España SL and another v Athenian Marine Ltd [2021] EWHC 554 The English High Court was asked whether a third party which derived rights from a contract, and failed to comply with the contract’s arbitration...
Jun 15, 2021 | Arbitration, International Disputes, NZIAC
By Melissa Perkin and Hannah Stanley. The issue of whether there should be a right to review an arbitral award for an error of law, and if so in what circumstances may it be done, has been controversial.[1] Three recent High Court decisions have reflected that a...
Apr 9, 2021 | Arbitration, International Disputes, NZIAC
By Maria Cole. We all make mistakes – it’s human nature. However, some mistakes have bigger consequences and a London Court of International Arbitration (LCIA) panel recently had a US$54 million howler! When calculating the value of shares in assessing damages in a...
