by Virginia Bonanni | Mar 23, 2023 | Arbitration, Conflict Management, NZDRC
By Kate Holland. The English Court of Appeal made waves in the last part of 2022 with its decision in MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406. On a non-uanimous basis, the Court of Appeal held that a party had not been entitled to rely on a force majeure...
by Virginia Bonanni | Mar 8, 2023 | Arbitration, Conflict Management
By Richard Pidgeon The Supreme Court of Western Australia in Power and Water Corporation v Eni Australia B V [2022] WASC 376 considered whether a party to a gas supply agreement was justified in attempting to avoid an arbitration clause. On the facts, the application...
by Virginia Bonanni | Jan 25, 2023 | Contractual Adjudication, Mediation, NZDRC
By Sam Dorne In Thomas Barnes & Sons plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) the English High Court dismissed a claim for wrongful termination from a contractor despite agreeing that they were entitled to an extension of time. The facts...
by Virginia Bonanni | Jan 10, 2023 | Arbitration, Conflict Management
By Maria Cole Circumstances can arise when an arbitrator in a domestic arbitration needs to voluntarily resign their appointment. But what is the status of the arbitration if this occurs? Does the court have jurisdiction to step in? This article looks at a recent...
by Virginia Bonanni | Jan 3, 2023 | Conflict Management, Mediation, NZDRC, Property disputes, Relationship Property
Sam Dorne Courts worldwide have long seen the benefits of alternative dispute resolution (ADR) such as mediation. However, the courts have either been constrained or unwilling to force parties to participate in the ADR process. The High Court in New Zealand has bucked...
by Brinda Khatri | Nov 7, 2022 | Contractual Adjudication
Find out more about this new dispute resolution process designed by NZDRC and NZIAC with cost and time efficiency in mind. About this event The ADR (Alternative Dispute Resolution Centre) is pleased to announce the introduction of a new alternative dispute resolution...
by Virginia Bonanni | Sep 21, 2022 | Contractual Adjudication
By Maria Cole It’s only in rare circumstances that the courts will interfere with the decision of an adjudicator on a construction contract. A recent decision out of the English Technology and Construction Court (TCC) considered arguments that an adjudicator acted in...
by Virginia Bonanni | Jul 25, 2022 | Arbitration, Conflict Management
By Maria Cole What is involved when you want to appeal an arbitral award but need leave from the High Court to get a foot in the door? Two recent decisions out of Hong Kong and New Zealand look at different aspects of the application process. Any party to...
by Virginia Bonanni | Jun 16, 2022 | Arbitration, Conflict Management, NZDRC
By Sam Dorne The UK Supreme Court has once again looked at how to determine the law that applies to an international arbitration agreement in the case of Kabab-Ji SAL v Kout Food Group [2021] UKSC 48. An interesting set of facts led the Court to look at an arbitration...
by Virginia Bonanni | Jun 16, 2022 | Arbitration, Conflict Management, NZDRC
By Maria Cole and Michelle Rubaduka A company that acquired the Beverly Hills Polo Club trade mark was found by the English Court of Appeal to be bound by an arbitration clause in an agreement entered into by its predecessor owner of the trade mark.[1] The appeal...
![Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Ltd [2022] ONSC 1679](https://nzdrc.co.nz/wp-content/uploads/2022/06/pexels-pixabay-65882-1080x675.jpg)
by Virginia Bonanni | Jun 16, 2022 | Arbitration, Conflict Management, NZDRC
By Elliott Couper and Jack Davies New Zealand confectionary and chocolate manufacturer, JH Whittaker & Sons Ltd (Whittaker’s), has brought a successful motion to stay litigation commenced against it by Husky Food Importers & Distributors Ltd (Husky) in the...
by Virginia Bonanni | Jun 16, 2022 | Arb-Med, Arbitration, Conflict Management, Cross lease disputes, NZDRC
By Dr Anna Kirk and Belinda Green Foreign arbitral awards can be recognised and enforced in other countries by virtue of the provisions of the New York Convention. This is typically a quick and easy process. But two recent cases have been anything but. Why? Because...
