by Virginia Bonanni | Nov 22, 2023 | Arbitration, NZDRC
By Richard Pidgeon The implied undertaking of confidentiality in Harman v Secretary of State for the Home Department [1983] 1 AC 280 not to use documents discovered in a proceeding for collateral purposes was released in Wright Prospecting Pty Ltd v Hancock...
by Virginia Bonanni | Nov 2, 2023 | Arbitration, NZDRC
By Richard Pidgeon In The Gama Foundation v Fletcher Steel Limited [2023] NZCA 243, the Court of Appeal reiterated the strict New Zealand tests set out in Gold and Resource Developments (NZ) Ltd v Doug Hood Ltd [2000] 3 NZLR 318 (CA) and Downer Construction (New...
by Virginia Bonanni | Oct 26, 2023 | Arbitration, NZDRC
Written by Alexander Lyall In a recent decision, The Republic of India v Deutsche Telkom AG [2023] SGCA(I) 4, the Singapore Court of Appeal helps clarify the circumstances where the amended privacy provisions of Singapore’s International Arbitration Act may not apply....
by Virginia Bonanni | Oct 18, 2023 | NZDRC
By Richard Pidgeon In the Invercargill High Court, in Northlake Investments Limited v Civil Construction Limited [2023] NZHC 2715, a developer and contractor battled in substantive proceedings following an adjudication under the Construction Contracts Act 2002 (the...
by Virginia Bonanni | Oct 11, 2023 | Arbitration, NZDRC
Written by Kate Holland In Sky Power Construction Engineering Limited v Iraero Airlines JSC [2023] HKCFI 1558, the losing party in an arbitration unsuccessfully applied to set aside the award on the basis that the virtual hearing had prevented it from adequately...
by Virginia Bonanni | Oct 4, 2023 | Arbitration, NZDRC
By Sam Dorne The recent case of Sesderma, S.L. v Seeky International Limited and Golong Co. Ltd [2023] HKCFI 1619, heard in the Hong Kong Court of First Instance, examined the law of issue estoppel and the governing law of arbitration agreements. An issue estoppel...
by Virginia Bonanni | Sep 27, 2023 | Arbitration, NZDRC
By Maria Cole A Court’s hands can be tied if a party does not ask for its assistance. In this case, the losing parties in an international arbitration had a foreign award enforced against them because they failed to ask the local Court to consider the law on when...
by Virginia Bonanni | Jul 30, 2023 | Arbitration, NZDRC
By Sam Dorne In Guoao Holding Group Co Ltd v Xue (No 2) [2022] FCA 1584, the Federal Court of Australia granted enforcement in Australia of a foreign arbitral award issued in China, and dismissed objections that enforcement would be contrary to Australian public...
by Virginia Bonanni | Jul 19, 2023 | Arbitration, NZDRC
By Alexander Lyall In a recent decision, the High Court of Australia has ruled that an ICSID arbitration award between the Kingdom of Spain and a company from Luxembourg, Infrastructure Services Luxembourg S.à.r.l, can be recognised and enforced, but not the subject...
by Virginia Bonanni | Jul 12, 2023 | Arbitration, NZDRC
By Richard Pidgeon In CMB v Fund, Cattle and Management [2023] HKCFI 760, the Hong Kong Court of First Instance ruled that a pre-emptive arbitration should be set aside as there was no dispute between the immediate parties to the arbitration and the award was beyond...
by Virginia Bonanni | Jul 5, 2023 | Arbitration, NZDRC
By Richard Pidgeon In Tayar v Feldman [2022] FCA 1432, the Federal Court of Australia considered the enforcement of an arbitral award at the intersection of Orthodox Jewish law and the secular Commercial Arbitration Act (Victoria) 2011 and Bankruptcy Act 1966 (Cth)....
by Virginia Bonanni | Jun 14, 2023 | Arbitration, NZDRC
By Richard Pidgeon In Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1, the Singaporean Court of Appeal settled on a new composite approach to addressing pre-award arbitrability, namely review of the public policy position of the subject of the...
