by Virginia Bonanni | Jun 16, 2022 | Arbitration, Conflict Management, NZDRC
By Sam Dorne The UK Supreme Court has once again looked at how to determine the law that applies to an international arbitration agreement in the case of Kabab-Ji SAL v Kout Food Group [2021] UKSC 48. An interesting set of facts led the Court to look at an arbitration...
by Virginia Bonanni | Jun 16, 2022 | Arbitration, Conflict Management, NZDRC
By Maria Cole and Michelle Rubaduka A company that acquired the Beverly Hills Polo Club trade mark was found by the English Court of Appeal to be bound by an arbitration clause in an agreement entered into by its predecessor owner of the trade mark.[1] The appeal...
![Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Ltd [2022] ONSC 1679](https://www.nzdrc.co.nz/wp-content/uploads/2022/06/pexels-pixabay-65882-1080x675.jpg)
by Virginia Bonanni | Jun 16, 2022 | Arbitration, Conflict Management, NZDRC
By Elliott Couper and Jack Davies New Zealand confectionary and chocolate manufacturer, JH Whittaker & Sons Ltd (Whittaker’s), has brought a successful motion to stay litigation commenced against it by Husky Food Importers & Distributors Ltd (Husky) in the...
by Virginia Bonanni | Jun 16, 2022 | Arb-Med, Arbitration, Conflict Management, Cross lease disputes, NZDRC
By Dr Anna Kirk and Belinda Green Foreign arbitral awards can be recognised and enforced in other countries by virtue of the provisions of the New York Convention. This is typically a quick and easy process. But two recent cases have been anything but. Why? Because...
by Virginia Bonanni | Mar 15, 2022 | Arbitration, NZDRC
By Belinda Green In the electronic era, documents often do not exist in physical form. Does this affect their enforceability? Recent decisions from Australia and New Zealand show that our mindset about what an original or duly certified copy is might need to change...
by Virginia Bonanni | Mar 15, 2022 | Arbitration, Conflict Management, Mediation, NZDRC
By Jo O’Dea If you have a number of related contracts between different parties and they have different dispute resolution clauses, which one do you use? SUMMARY In ZPMC- Red Box Energy Services Ltd vs Philip Jeffry Adkins and Others [2021] HKCFI 3501, there were 3...
by Virginia Bonanni | Mar 15, 2022 | Arbitration, NZDRC
By Maria Cole The confidentiality of arbitral proceedings is important. It is protected by statute and model law. In EBJ21 v EBO21,[1] the Federal Court of Australia refused to have its processes used to erode or undermine the parties’ agreement to, and the law’s...
by Virginia Bonanni | Jan 28, 2022 | Arbitration, Mediation, NZDRC
Transparency International has just released the 2021 Corruption Perception Index (CPI). New Zealand has retained its joint number one ranking along with Denmark, as having one of the least corrupt public sectors in the world. This year Finland joins the top-slot as...
by Virginia Bonanni | Jan 28, 2022 | Arbitration, Mediation, NZDRC, resolution issue
Can deliberate or wilful contract breaches still benefit from clauses that limit or exclude liability? The English High Court recently considered this issue in Mott Macdonald Ltd v Trant Engineering Ltd,[1] which confirmed that clauses limiting or excluding liability...
by Virginia Bonanni | Dec 17, 2021 | Arbitration, NZDRC
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...
by Virginia Bonanni | Dec 17, 2021 | Arb-Med, Arbitration, NZDRC
In Selevision Saudi Co v BeIN Media Group LLC [2021] EWHC 2802 (Comm), the High Court in England and Wales held that it had no jurisdiction to permit a counterclaim at the enforcement stage of a New York Convention award pursuant to the English Arbitration Act given...
by Virginia Bonanni | Nov 2, 2021 | Conflict Management, COVID-19 Relief, Cross lease disputes, NZDRC, Property disputes
On 28 October 2021, the Government amended the Property Law Act to imply a ‘no access in an emergency clause’ into commercial leases which do not already provide for adjusted rent payment terms during an epidemic emergency. The implied clause applies from 18 August...
