• ReSolution
  • Resources
  • About
  • Contact
  • Application
0 Items
New Zealand Dispute Resolution Centre
  • ReSolution
  • Resources
  • About
  • Contact
  • Application
  • Process Options
  • Arbitration
    • COVID-19: Commercial Lease Disputes
    • Initiating Arbitration
    • MODEL CLAUSE
    • Arbitration Rules
    • Arbitration Fees
      • Ad hoc arbitration fees
      • NZDRC Institutional Arbitration Fees
        • Arbitration: Preliminary Fees Calculator
      • Fixed Fee Arbitration
      • Fees for Arbitrations under other institutional rules
    • Arbitration Guides and Resources
  • Arb-Med
    • Initiating Arb-Med
    • MODEL CLAUSE
    • RULES
    • PROTOCOL
    • FEES
    • GUIDES AND RESOURCES
  • Mediation
    • COVID-19: Lease Disputes
    • Initiating Mediation
    • MODEL CLAUSE
    • Mediation Rules
    • PROTOCOL
    • FEES
    • GUIDES AND RESOURCES
  • Expert Determination
    • APPLY
    • MODEL CLAUSE
    • RULES
    • FEES
    • GUIDES AND RESOURCES
  • Early Neutral Evaluation
    • APPLY
    • MODEL CLAUSE
    • RULES
    • FEES
    • GUIDES AND RESOURCES
    • FAQ
  • Expertise
    • Commercial Disputes
    • Trust Disputes
    • Property Disputes
    • IT Disputes
    • Financial Services Disputes
    • Building and Construction Disputes
    • International Commercial Disputes
    • Employment Disputes
    • IP Disputes
    • Insurance Disputes
    • Family and Relationship Disputes
Select Page

Home / Archives for Virginia Bonanni

The importance of certainty in international arbitration agreements

The importance of certainty in international arbitration agreements

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...
Lifestyles of the rich and famous: polo clubs and (non) party parties

Lifestyles of the rich and famous: polo clubs and (non) party parties

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

Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Ltd [2022] ONSC 1679

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...
All dressed up but nowhere to go: Recognition but no enforcement of ICSID awards

All dressed up but nowhere to go: Recognition but no enforcement of ICSID awards

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...
Sign of the times: enforcing an arbitration agreement exchanged by electronic counterparts

Sign of the times: enforcing an arbitration agreement exchanged by electronic counterparts

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...
Different dispute resolution clauses in related contracts. Which one prevails?

Different dispute resolution clauses in related contracts. Which one prevails?

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...
Court thwarts bad faith attempt to lift veil of confidentiality of international arbitration award

Court thwarts bad faith attempt to lift veil of confidentiality of international arbitration award

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...
New Zealand still rated as global leader for public sector transparency, honesty and integrity

New Zealand still rated as global leader for public sector transparency, honesty and integrity

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...
Wilful Breaches of Contract – Do Exclusion Clauses and Liability Caps Still Work?

Wilful Breaches of Contract – Do Exclusion Clauses and Liability Caps Still Work?

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...
Different dispute resolution clauses in related contracts. Which one prevails?

Clause and effect: the importance of well-drafted model clauses

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...
English High Court confirms that parties are not permitted to raise a counterclaim at enforcement stage of a New York Convention award

English High Court confirms that parties are not permitted to raise a counterclaim at enforcement stage of a New York Convention award

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...
No access clause implied in commercial leases

No access clause implied in commercial leases

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...
« Older Entries

About Us

Fair, prompt and cost effective conflict management and dispute resolution services. Proudly serving industry, commerce and the community for 25 years.

Find Out More
  • in
  • tw
  • fb

Services

  • Process Options
  • Arbitration
  • Arb-Med
  • Mediation
  • Expert Determination
  • Early Neutral Evaluation
  • Conflict Management
  • Resources
  • Panellists
  • Sustainability
  • Terms and Conditions

Contact Us

0508 DISPUTE

(0508 3477 883) Apply Now Email Us

Designed by Elegant Themes | Powered by WordPress