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
A construction worker wearing a white safety helmet and a face mask is examining a floor plan attached to a concrete wall. The worker points at the blueprint with one hand while adjusting it with the other, standing in a partially constructed building, likely reviewing details related to the construction contract.
Adjudication

An adjudicator’s decision on a construction contract is definitely worth the paper it’s written on!

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...
Article
A man with black hair and a beard, dressed in a black suit and white shirt, is sitting at a desk working on a laptop. The background is a grey textured wall. A small statue of Lady Justice is visible on the right side of the desk, hinting at his focus on drafting an arbitral award.
Arbitration

The nuts and bolts of appealing an arbitral award when you need the court’s leave

What is involved when you want to appeal an arbitral award but need leave from the High Court to get a foot in the...
Article
A brass scale of justice sits prominently on a glass desk, symbolizing law and fairness. In the background, a person in a suit, partially out of focus, examines documents, indicating that even in this seemingly straightforward setting, the court sees through layers of lipstick and linguistic camouflage.
Arbitration

The importance of certainty in international arbitration agreements

The UK Supreme Court has once again looked at how to determine the law that applies to an international arbitration agreement in the case...
Article
A person wearing a helmet and polo attire from one of the prestigious polo clubs is riding a galloping horse on a grassy field, aiming a polo mallet at an airborne ball. Dense trees are visible in the background.
Arbitration

Lifestyles of the rich and famous: Polo clubs and (non) party parties

A company that acquired the Beverly Hills Polo Club trade mark was found by the English Court of Appeal to be bound by an...
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...

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.