News, articles and papers
NZDRC publishes articles and papers prepared by leaders in the legal, dispute resolution, and conflict management fields.
In a judgment just handed down in Ngāti Hurungaterangi v Ngāti Wahiao  NZCA 429 (26 September 2017), the Court of Appeal set aside the award made by the arbitral tribunal saying the reasons given were so inadequate and inconsistent that they fall short of discharging the panel’s mandate to give a reasoned award.
Chartered Accountants Australia and New Zealand (Chartered Accountants ANZ) ceased providing an independent expert nomination service to resolve contractual disputes in 2015
If you are a party to a commercial contract where Chartered Accountants ANZ (or ICAA or NZICA) has been named in relation to the nomination of an independent expert this clause may no longer operate as intended. This may result in this dispute clauses being unenforceable and leaving the disputing parties without an agreed approach to appoint an independent expert.
Read the full article in the Chartered Accountants Website.
John Green, 19 April 2017
Chapman Tripp NZ - Supreme Court supports arbitration agreements
Daniel Kalderimis, Adam Ross and Jack Hodder QC, 22 December 2014Zurich Australian Insurance v Cognition Education  NZSC 188, delivered on 19 December, is the Supreme Court’s third arbitration decision and its second this year. In June, the Court had set aside an arbitration award on the basis that the parties had invalidated their arbitration agreement through a drafting error. This raised fears in some quarters that the Court may be inclining towards a technical, or even paternalistic, approach to supporting arbitration. Those fears have been mollified in Zurich v Cognition.
See full article on the Chapman Tripp website
NZ Law Journal - Arbitrators as Employees October 2011
Amokura Kawharu and Aparna Jain, October 2011
A discussion on Jivraj v Hashwani  EWCA Civ 712, in which the English Court of Appeal held that an arbitrator was an employee for the purpose of UK anti-discrimination legislation.
Read the full article (PDF)
Auckland District Law Society Conference - Commercial Mediation: Top Tips for Best Outcomes - July 2008
John Walton, Deborah Clapshaw and Maria Dew.
Twenty Ways to Sabotage your Mediation
Using your Emotional Intelligence to Advantage in Mediation
Sandy Hollis and Deborah Clapshaw
Should Mediation be the First Step in All Family Law Act Proceedings?Judge Harman
Read the full article (PDF)
NZDRC Launch 12 November 2010
The New Zealand Dispute Resolution Centre (NZDRC) was officially launched in Auckland last Thursday at a function hosted by major law firm, Simpson Grierson. Speaking at the launch, the Hon Peter Salmon QC described NZDRC as “a private civil justice service with its own registry” and “a truly innovative and comprehensive enterprise.”
Towards Understanding and Resolving Conflict: Franchising in New Zealand 2011
Dr. Susan Flint-Hartle, School of Economics and Finance, Massey University.
Read the report
Also see ReSolution Issue 3 for a brief article on this report.