by Virginia Bonanni | Mar 15, 2022 | Arbitration, Conflict Management, Mediation, NZDRC
By Jo O’Dea If you have a number of related contracts between different parties and they have different dispute resolution clauses, which one do you use? SUMMARY In ZPMC- Red Box Energy Services Ltd vs Philip Jeffry Adkins and Others [2021] HKCFI 3501, there were 3...
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 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 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 | 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...
by Virginia Bonanni | Jul 1, 2021 | Arbitration, Conflict Management, NZDRC
By Melissa Perkin and Melt Strydom. Argos Pereira España SL and another v Athenian Marine Ltd [2021] EWHC 554 The English High Court was asked whether a third party which derived rights from a contract, and failed to comply with the contract’s arbitration...
by Virginia Bonanni | Apr 9, 2021 | Arbitration, Conflict Management, NZDRC
By Maria Cole. We all make mistakes – it’s human nature. However, some mistakes have bigger consequences and a London Court of International Arbitration (LCIA) panel recently had a US$54 million howler! When calculating the value of shares in assessing damages in a...
