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...
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...
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...
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...
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...
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...
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’...
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...
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...
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...
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...
