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Home / international arbitration

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

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

Jan 25, 2023 | Arbitration, International Disputes, NZIAC | 0 comments

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

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

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

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

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

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

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

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

Mar 18, 2022 | Arbitration, International Disputes, NZIAC, Private dispute resolution

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?

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

Mar 18, 2022 | Arbitration, International Disputes, NZIAC, Private dispute resolution

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

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

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

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

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

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...
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