Clause and effect: the importance of well-drafted model clauses

Dec 5, 2021 | Arbitration, International Disputes, Litigation, NZIAC

An overview of why well-drafted model clauses matter Introduction Contracts, like disputes, come in all shapes and sizes. Most parties to a contract are keen to get the deal finalised and signed on the dotted line as quickly as possible. There isn’t always an...

Admission of Arbitrator’s Findings in Subsequent Court Proceedings – the Scope of Issue Estoppel

Nov 10, 2021 | Arbitration, International Disputes, NZIAC

In a recent case where damages were sought by an employee for psychological injury from bullying and harassment[1], the Federal Court of Australia considered whether issue estoppels arose from the findings in a prior determination of an arbitrator of the Workers’...

ACICA/CIArb Australia International Arbitration Conference

Oct 2, 2021 | Arbitration, International Disputes, NZIAC

The Australian Centre of International Commercial Arbitration (ACICA) and the Chartered Institute of Arbitrators Australia (CIArb Australia) are pleased to invite you to their 2021 International Arbitration Conference: New and Emerging Norms in International...

Court sees through layers of lipstick and linguistic camouflage in audacious application to set aside arbitral award

Sep 4, 2021 | NZIAC

By Maria Cole.   Unfortunately, too many unsuccessful arbitration participants still see it as worth their while to ‘roll the dice’ by manufacturing a pathway to a court, where strained procedural unfairness arguments rise to the fore as something...

Pandemics, lockdowns and contracts – can overseas courts give us any insight?

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...

Transparency International: New Zealand’s perception is its reality

Feb 3, 2021 | Arb-Med, Arbitration, Mediation, NZIAC

  By Maria Cole Once again, New Zealand has been ranked first equal with Denmark as having the least corrupt public sector in the world. Transparency International has just released its 2020 Corruption Perceptions Index (CPI) and New Zealand ranked equal No.1 out...

Arbitrators, Independence and Impartiality – Important Guidance from the UK Supreme Court

Dec 1, 2020 | Arbitration, NZIAC

By Melissa Perkin Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48 Introduction On 27 November 2020, the UK Supreme Court handed down its judgment in the landmark case of Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. The decision...

The Singapore Mediation Convention: Concluding Remarks. PART SIX IN A SERIES ON THE SINGAPORE CONVENTION

Dec 23, 2019 | NZIAC

By Catherine Green Part six of a six-part series titled ‘Singapore Convention: a panacea for trade in the Trans-Pacific or just one piece of the puzzle?’ Part One of the series ‘An Introduction’ may be accessed here. Part Two of the series ‘The “Trans-Pacific”...

The Singapore Mediation Convention: the dual questions of cost and time. PART FIVE IN A SERIES ON THE SINGAPORE MEDIATION CONVENTION

Nov 5, 2019 | NZIAC

By Catherine Green Part five of a six-part series titled ‘the Singapore Convention: a panacea for trade in the Trans-Pacific or just one piece of the puzzle?’ Part One of the series ‘An Introduction’ may be accessed here. Part Two of the series ‘The “Trans-Pacific”...

ADDRESSING DIVERSITY AND CULTURE IN INTERNATIONAL MEDIATION: PART FOUR IN A SERIES ON THE SINGAPORE CONVENTION

Sep 20, 2019 | NZIAC

By Catherine Green Part four of a six part series titled ‘the Singapore Convention: a panacea for trade in the Trans-Pacific or just one piece of the puzzle?’ Part One of the series ‘An Introduction’ may be accessed here. Part Two of the series ‘The “Trans-Pacific”...

Facilitation of Trade and Investment: Part Three in a series on the Singapore Mediation Convention

Aug 30, 2019 | NZIAC

By Catherine Green   Part three of a six part series titled ‘the Singapore Mediation Convention: a panacea for trade in the Trans- Pacific Region or just one piece of the puzzle?’ Part One of the series ‘An Introduction’ may be accessed here. Part Two of the...