by Virginia Bonanni | Oct 15, 2021 | Arbitration, Conflict Management, Mediation, NZDRC, Property, Property disputes
By Melt Strydom. Apportionment for contributory negligence allows a court to share the responsibility between parties in circumstances where the test for causation and remoteness of damage justifies it. It doesn’t mean a respondent will not be held liable for...
by Virginia Bonanni | Sep 29, 2021 | Arb-Med, Arbitration, Conflict Management, COVID-19 Relief, Cross lease disputes, Mediation, NZDRC, Property, Property disputes
The government has introduced a law change which will imply into commercial leases that don’t have an existing no access in emergency clause, a provision requiring a fair proportion of rent and outgoings to be paid when a tenant has been unable to conduct their...
by Virginia Bonanni | Sep 8, 2021 | Arbitration, Conflict Management, IT Dispute Resolution, Mediation, NZDRC
By Melissa Perkin. The UK Supreme Court in its recent judgment in Triple Point Technology v PTT Public Company[1] has brought welcome clarity in relation to the drafting and interpretation of liquidated damages clauses[2] in construction, commercial and technology...
by Virginia Bonanni | Sep 4, 2021 | Arbitration, Conflict Management, NZDRC
By Maria Cole Unfortunately, too many unsuccessful arbitration participants still see it as worth their while to ‘roll the dice’ by manufacturing a pathway to a court, where strained procedural unfairness arguments rise to the fore as something...
by Virginia Bonanni | Sep 3, 2021 | Arbitration, Conflict Management, COVID-19 Relief, Mediation, NZDRC, resolution issue
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...
by Virginia Bonanni | Aug 19, 2021 | Conflict Management, NZDRC
By Melissa Perkin. As we noted in our 12 August 2021 alert on amendments to the Fair Trading Act introduced by the Fair Trading Amendment Bill, significant changes are made on the application of the unfair contract terms regime to business to business or small trade...
by Virginia Bonanni | Aug 12, 2021 | Conflict Management, NZDRC, resolution issue
By Melissa Perkin. A 2018 Ministry of Business, Innovation & Employment (MBIE) survey of small businesses found that 45 per cent of participants considered that they had been offered unfair contract terms in the last year, and 47 per cent considered that...
by Virginia Bonanni | Jul 14, 2021 | Conflict Management, Family Law, Sample, Trusts
By Maria Cole* No-one likes to have their dirty laundry aired in public. Sadly, it has been all too common for parties in family trust and estate disputes, to find their private family affairs made public and become the topic of law journal articles and gossip at...
by Virginia Bonanni | Jul 14, 2021 | Arbitration, NZDRC, Sample
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...
by Virginia Bonanni | Jul 1, 2021 | Arbitration, Conflict Management, NZDRC
By Melissa Perkin and Melt Strydom. 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...
by Virginia Bonanni | Jun 17, 2021 | Arbitration, NZDRC
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...
by Virginia Bonanni | Apr 9, 2021 | Arbitration, Conflict Management, NZDRC
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...
