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 Natalia Vila | Sep 13, 2021 | Arbitration, Cross lease disputes, Mediation, Property disputes
THE JOYS OF A Cross lease And how to survive disputes with your neighbour By Natalia Vila Going through another COVID-19 lockdown can be challenging, and disputes with neighbours may crystallise with people spending more time at home. Cross leases have been used for...
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 | 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...
by Catherine | Mar 12, 2021 | Arb-Med, Arbitration, Family Law, Mediation, NZDRC, Relationship Property, Trusts
By John Green The new Trusts Act 2019 (Act) came into force on 30 January 2021. It brings a number of significant changes to trust law and is the first major reform in 70 years. The Act applies to existing and future family trusts, trading trusts and trusts...
by Natalia Vila | Feb 3, 2021 | Arb-Med, Arbitration, Property, Relationship Property, Trusts
By Melissa Perkin and Melt Strydom Introduction Although exact numbers are unknown, it is estimated there are hundreds of thousands of trusts in New Zealand. The new Trusts Act 2019 came into force on 30 January 2021. It brings a number of significant changes to trust...
by Natalia Vila | Dec 2, 2020 | Arbitration
By Melissa Perkin Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48 Introduction On 27 November 2020, the UK Supreme Court handed down its judgment in the landmark case of Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. The decision...
