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...

Peru Ratifies Major Trade Agreement

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...

What are the cost implications of challenging an arbitral award through the courts?

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...

Equitable compensation allowed for breach of arbitration clause by a third party

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...

Limits to appeals of arbitral awards

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...

It pays to check: US$54 million error a “simple” mistake

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...