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.

ARB-MED JUDGMENTS

McCosh v Williams CA275/02 12 August 2003 (NZ Court of Appeal)

mediator liability – interpretation of settlement – med-arb – negligence – jurisdiction – Fair Trading Act – exclusion of liability clause

Court held that mediator did exceed his jurisdiction as he had engaged in the task of attempting to “correct” the agreement rather than interpret it. However, it was not found that he acted negligently nor was there a breach of the Fair Trading Act. The exclusion clause relied on did not extend to the process of adjudication concerning the settlement agreement. Appeal dismissed.