by Virginia Bonanni | Mar 15, 2022 | Arbitration, NZDRC
By Belinda Green In the electronic era, documents often do not exist in physical form. Does this affect their enforceability? Recent decisions from Australia and New Zealand show that our mindset about what an original or duly certified copy is might need to change...
by Virginia Bonanni | Mar 15, 2022 | Arbitration, NZDRC
By Maria Cole The confidentiality of arbitral proceedings is important. It is protected by statute and model law. In EBJ21 v EBO21,[1] the Federal Court of Australia refused to have its processes used to erode or undermine the parties’ agreement to, and the law’s...
by Virginia Bonanni | Jan 28, 2022 | Arbitration, Mediation, NZDRC
Transparency International has just released the 2021 Corruption Perception Index (CPI). New Zealand has retained its joint number one ranking along with Denmark, as having one of the least corrupt public sectors in the world. This year Finland joins the top-slot as...
by Virginia Bonanni | Jan 28, 2022 | Arbitration, Mediation, NZDRC, resolution issue
Can deliberate or wilful contract breaches still benefit from clauses that limit or exclude liability? The English High Court recently considered this issue in Mott Macdonald Ltd v Trant Engineering Ltd,[1] which confirmed that clauses limiting or excluding liability...
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 | 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 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...
