Knowledge Hub

Welcome to our Knowledge Base, your destination for in-depth articles and resources relevant to dispute resolution. Our curated content covers everything from mediation and arbitration, to negotiation and conflict management. Explore our Knowledge Hub to stay informed and up-to-date.

Article
Close-up of three pieces of Whittaker & Sons dark chocolate with a textured surface, partially stacked on each other. The image highlights the rich, dark brown color and rough edges of the chocolate pieces against a blurred brown background.
Arbitration

Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Ltd [2022] ONSC 1679

New Zealand confectionary and chocolate manufacturer, JH Whittaker & Sons Ltd (Whittaker’s), has brought a successful motion to stay litigation commenced against it by...
Article
A wooden gavel rests on a desk in the foreground. In the background, a man in a suit and tie works on a laptop with various documents, including ICSID awards, and a yellow folder nearby. The image suggests a legal or professional office environment.
Arbitration

All dressed up but nowhere to go: Recognition but no enforcement of ICSID awards

Foreign arbitral awards can be recognised and enforced in other countries by virtue of the provisions of the New York Convention. This is typically...
Article
A smiling older man in a suit, holding a tablet and using a stylus pen, sits at a desk with light streaming in from a window behind him. He appears to be engaged in an electronic arbitration agreement on the tablet.
Arbitration

Sign of the times: enforcing an arbitration agreement exchanged by electronic counterparts

In the electronic era, documents often do not exist in physical form. Does this affect their enforceability? Recent decisions from Australia and New Zealand...
Article
Four people in business attire are gathered around a table in a bright office. Two individuals are seated, reviewing documents with model clauses, while the other two stand, observing and discussing. A small plant and glass bottle are on the table under a skylight.
Arbitration, Mediation

Different dispute resolution clauses in related contracts. Which one prevails?

If you have a number of related contracts between different parties and they have different dispute resolution clauses, which one do you use?...
Article
A man with curly hair wearing a teal shirt holds his index finger to his lips, signaling for silence. He looks directly at the camera with a serious expression, as if pausing before discussing international arbitration, standing against a plain, light-colored background.
Arbitration, Mediation

Court thwarts bad faith attempt to lift veil of confidentiality of international arbitration award

The confidentiality of arbitral proceedings is important. It is protected by statute and model law. In EBJ21 v EBO21,[1] the Federal Court...
Article
An eagle soars above a tranquil New Zealand lake reflecting rugged, green-carpeted mountains under a dramatic sky at sunset. The scene captures the serene and majestic essence of nature, with a stunning transparency as the eagle's reflection mirrors in the calm water below.
General

New Zealand still rated as global leader for public sector transparency, honesty and integrity

Transparency International has just released the 2021 Corruption Perception Index (CPI). New Zealand has retained its joint number one ranking along with Denmark, as...
Article
A woman sits at a desk in a modern office, holding and examining papers. She is dressed in professional attire, with a laptop, notepad, and documents spread out in front of her. Amidst the shelves, plants, and framed certificates, she scrutinizes contract clauses for wilful breaches.
General

Wilful Breaches of Contract – Do Exclusion Clauses and Liability Caps Still Work?

Can deliberate or wilful contract breaches still benefit from clauses that limit or exclude liability? The English High Court recently considered this issue in...
Article
Four people in business attire are gathered around a table in a bright office. Two individuals are seated, reviewing documents with model clauses, while the other two stand, observing and discussing. A small plant and glass bottle are on the table under a skylight.
Arbitration, Mediation

Clause and effect: the importance of well-drafted model clauses

Contracts, like disputes, come in all shapes and sizes. Most parties to a contract are keen to get the deal finalised and signed on...
Article
A person pointing a remote control at a blurred television screen displaying a news program. The screen shows a person's upper body, but the details are unclear due to the out-of-focus effect, making it difficult to identify any counterclaim being discussed during this enforcement stage.
Arbitration

English High Court confirms that parties are not permitted to raise a counterclaim at enforcement stage of a New York Convention award

In Selevision Saudi Co v BeIN Media Group LLC [2021] EWHC 2802 (Comm), the High Court in England and Wales held that it had...
Article
A close-up of a silver house key inserted into a round, silver door lock, symbolizing the absence of an "access clause" often implied in commercial leases. The key has a key ring attached, holding several smaller metal rings that reflect light against a plain, dark background.
Arbitration, Expert Determination, Mediation

No access clause implied in commercial leases

On 28 October 2021, the Government amended the Property Law Act to imply a ‘no access in an emergency clause’ into commercial leases which...
Article
A red cable car is pictured traveling uphill in an urban area with a lush green field, city buildings, and mountains in the background. The scene is bright and clear under a blue sky, resembling the clarity often sought in discussions about reduction of damages for contributory negligence.
General

Leaky Home Case: Failure to obtain a building report results in reduction of damages for contributory negligence

Apportionment for contributory negligence allows a court to share the responsibility between parties in circumstances where the test for causation and remoteness of damage...
Article
A woman wearing a mask is sitting at a desk, participating in a video call on her laptop during one of many pandemics lockdowns. The person on the screen is also masked. The desk features potted plants, a notebook, and small decor items, all set in a brightly lit room.
Arbitration, Expert Determination, Mediation

Changes on the way for commercial lease Covid-19 rent disputes

Note: Please note that the information contained in this article is intended to provide a general guide to the subject matter and is not intended as legal advice. Specialist advice should be sought about your specific circumstances. The content may not reflect current legal developments and is subject to revision without notice.