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 17

May 2018

In this issue we look at what happens when a member of an arbitral tribunal fails to perform, enforcement of arbitration agreements against non-signatories, and securing the appointment of an arbitral tribunal in the absence of agreement.

We also look at whether there should be full and frank disclosure in international arbitration; and more.

In Case in Brief Mark Addison looks at the case of Al Azhari, Ihab v 27 Scott Street P/L & Ors [2017] VSC 600 which highlights the perils associated with drafting a binding and enforceable settlement agreement following mediation; and Frank Brown and Iain Stephenson discuss the recent High Court case of Honey Bees Preschool Limited v 127 Hobson Street Limited [2018] NZHC 32 which provides insight into how New Zealand Courts will approach the penalty doctrine.

CONTENTS

  • “Two out of three ain’t bad! Does it matter if a member of an arbitral tribunal does not actively participate?” by Sean Kelly and Jonathan Tong
  • Case in Brief – Double Edition – “Settling at mediation: be careful with the terms” by Mark Addison
  • “The Law According to Honey Bees: NZ takes stance on penalty doctrine law” by Frank Brown and Iain Stephenson
  • “Enforcement of Arbitration Agreements against Non-Signatories: which law (the chicken and the egg)?” by Albert Monichino QC
  • “Should there be full and frank disclosure in international arbitration?” by Matthew Knowles
  • “Securing the appointment of an arbitral tribunal in the absence of agreement: the default appointment procedures under the Arbitration Act 1996 – little understood and seldom properly followed” by John Green
  • “Companies Judge strikes out winding-up petition in favour of arbitration” by Jenny Zhuang and Richard Keady.