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...
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 Natalia Vila | Sep 6, 2021 | COVID-19 Relief, Mediation, NZDRC, Property
John Green, the managing director of the New Zealand Dispute Resolution Centre has been interviewed by NBR news about the COVID-19 Rent Relief Scheme for Commercial Leases. In the interview he discussed the low cost fixed fee arbitration and mediation service put in...
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 | 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...
