Important COVID-19 Update: specialist service launched for commercial lease disputes

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9 April 2020: In light of increasing demand, NZDRC has today launched a new reduced cost and fixed fee arbitration and mediation service to assist parties to commercial leases who find themselves in a dispute as to their payment obligations due to the ongoing lockdown.

Further information may be found here or by contacting our Registry staff.

He waka eke noa.

RESOLUTION ISSUE 24

In this issue, we look at the dangers of defective dispute resolution clauses – as have been highlighted in recent High Court cases. In Fiona Tregonning’s article on page 7 she examines Tumatatoro Limited v HJS AG Limited & Ben Vanderkolk [2019] NZHC 1047 and the problems caused by a clumsily constructed dispute resolution clause in a lease.

This quarter we feature part one of a two-part series focusing on using mediation as a business tool. In this instalment Paul Stills considers the benefits of using early intervention facilitation in commercial relationships.

In Case in Brief we examine Pukeroa Properties (no. 2) Limited v Rotorua Hunting & Fishing New Zealand Limited [2019] NZHC 1367 in which an arbitrators award was challenged and leave to appeal was sought. We look closely at the reasoning for the ensuing judgment.

Elsewhere we delve into BNA v BNB and Anor [2019] SGCA 84 where a lack of clarity in a contract resulted in a drawn-out international dispute, ending in the Singapore Court of Appeal. In a similar vein on page 29, we look at an English Court of Appeal decision on a dispute where parties to a contract failed to distinguish between the arbitration agreement and the contract as a whole when deciding which governing law to choose.

Click here to read ReSolution Issue 24

Click here to download a low res. pdf

 

CONTENTS

  • “The dangers of defective dispute resolution clauses” by Fiona Tregonning
  • “Cour de Cassation upholds decision to set aside an award following an arbitrator’s non-disclosure” by Laurence Franc-Menget & Peter Archer
  • “Using mediation as a business tool – Part 1” by Paul Sills
  • “Singapore Court of Appeal confirms that the parties’ intention to arbitrate should not be given effect ‘at all costs'” by Brenda Horrigan, Daniel Waldek, Waina Ye & Mitchell Dearness
  • Case in Brief: “The extent of a landlord’s freedom to vary tenancy mix plans: Pukeroa Properties (no.2) Limited v Rotorua Hunting & Fishing New Zealand Limited [2019] NZHC 1367” by Sophie Hursthouse
  • “Court of Appeal holds that a choice of law clause also determines the law of the arbitration agreement” by Richard Bamforth & Liz Williams