by Virginia Bonanni | Sep 6, 2023 | Arbitration, Mediation
By Kate Holland Caption: In the first case of its kind in Singapore, the High Court highlighted the trend towards the promotion of amicable dispute resolution as one of the reasons for compelling the parties to attend mediation. In the first case of its kind in...
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 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 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 | 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 | 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 Virginia Bonanni | Sep 29, 2021 | Arb-Med, Arbitration, Conflict Management, COVID-19 Relief, Cross lease disputes, Mediation, NZDRC, Property, Property disputes
The government has introduced a law change which will imply into commercial leases that don’t have an existing no access in emergency clause, a provision requiring a fair proportion of rent and outgoings to be paid when a tenant has been unable to conduct their...
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...
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...
