News, articles and papers

NZDRC publishes articles and papers prepared by leaders in the legal, dispute resolution, and conflict management fields.

Should you have an article or paper you would like to be considered for publication on this page or in ReSolution, please contact the editor.

The Court of Appeal sets aside an award made by an arbitral tribunal

Court Case-275In a judgment just handed down in Ngāti Hurungaterangi v Ngāti Wahiao [2017] 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 2015expert working joao-silas-72563-428-808

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.

Chartered Accountants Australia and New Zealand (Chartered Accountants ANZ) ceased providing an independent expert nomination service to resolve contractual disputes in 2015 – this service was previously referred to as President Nominations.

There are a number of bodies that offer expert determination services. The following bodies also offer expert determination services:

  • Australian Disputes Centre
  • New Zealand Dispute Resolution Centre
  • The Resolution Institute
Read the full article in the Chartered Accountants Website
New Zealand considers further arbitration reforms (article art) (ID 44536)-529New Zealand considers further arbitration reforms

John Green, 19 April 2017

On 9 March 2017, MP Paul Foster Bell introduced a Private Member's Bill to amend the Arbitration Act 1996 aimed at ensuring arbitration clauses in trust deeds are given effect, the presumption of confidentiality in arbitration is extended to a rebuttable presumption; the grounds for setting aside an award to be more clearly defined; and to confirm the consequence of failing to raise a timely objection to jurisdiction.

Chapman Tripp NZ - Supreme Court supports arbitration agreements

Daniel Kalderimis, Adam Ross and Jack Hodder QC, 22 December 2014Zurich Australian Insurance v Cognition Education [2014] 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

Arbitrators as Employees (ID 43929)-429NZ Law Journal - Arbitrators as Employees October 2011
Amokura Kawharu and Aparna Jain, October 2011

A discussion on Jivraj v Hashwani [2010] 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.
Read the full article (PDF)

Twenty Ways to Sabotage your Mediation
Deborah Clapshaw
Read the full article (PDF)

Using your Emotional Intelligence to Advantage in Mediation 

Sandy Hollis and Deborah Clapshaw 
Read the full article (PDF)

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.” 

Read more and see photos of the event.

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.

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