ReSolution in Brief
Welcome to ReSolution in Brief, our blog page which hosts a collection of news, articles, and announcements relating to the New Zealand Dispute Resolution Centre, our processes, people and dispute resolution more generally.
The New Zealand Dispute Resolution Centre is a leading independent, nationwide provider of private commercial dispute resolution and conflict management services in New Zealand.
NZDRC also provides international dispute resolution services through the related entity New Zealand International Arbitration Centre (NZIAC); specialist building and construction dispute resolution services are provided through the Building Disputes Tribunal; specialist family and relationship dispute resolution services are provided through the FDR Centre; and conflict management and independent reviews through the Independent Complaint and Review Authority (ICRA).
Our extensive knowledge and experience of the design and implementation of dispute resolution processes enables us to develop a comprehensive understanding of the community’s needs and to constantly deliver sound and commercially relevant advice on dispute resolution procedures and options and innovative and effective dispute resolution services.
As part of our services, we strive to foster and participate in discussions and positive debate concerning all matters relating to the effective avoidance and resolution of disputes. This blog helps us to do so. We hope you enjoy the content.
Harman obligation released for documents from mining arbitration
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...
Serious irregularity standard in arbitration
By Richard Pidgeon In Cipla Limited v Salix Pharmaceuticals Inc [2023] EWHC 910, the English High Court has confirmed a high threshold exists for successful challenges to awards on the basis that the arbitral tribunal committed serious irregularity because it failed...
Leave for second appeal declined in lease dispute arbitration
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...
LinkedIn Lips Sink Ships: Singapore Court of Appeal finds India had already posted into the public domain
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....
Southern Summary Judgment Stoush
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...
LET ME HEAR YOUR BODY TALK: HONG KONG COURT REFUSES TO SET ASIDE ARBITRAL AWARD OVER CLAIM LAWYER COULDN’T READ WITNESS’S BODY LANGUAGE IN VIRTUAL HEARING
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...
Court orders parties back to arbitration
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...
Enforcement and recognition of foreign awards made in international arbitrations: as easy as one, two, three…
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...
Singapore High Court compels party to arbitration to engage in 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...
Federal Court of Australia Enforces Foreign Arbitral Award of $40 Million
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...
The State immunity siesta: Australia’s top court renews Spain’s understanding of ICSID
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...
Arbitrator’s exercise of phantom jurisdiction
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...
An Orthodox operation of religious arbitration
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)....
Marco Polo’s arbitration odyssey: When can the courts play the guessing game?
By Alexander Lyall Two similar cases. Two different jurisdictions. Two different outcomes. How did two courts in Hong Kong and Singapore reach such opposing conclusions on whether a mystery Chinese arbitration centre can be read into an agreement? The cases, while...
Subject matter arbitrability: Singaporean seat
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...
Supreme Court of New South Wales finds force majeure clause offered no protection for loss and damage to goods in transit
By Kate Holland In Woolworths Group Ltd v Twentieth Super Pace Nominees Pty Ltd [2021] NSWSC 344, the Supreme Court of New South Wales applied a narrow interpretation to the meaning and effect of a force majeure clause, finding that it did not override other clauses...
Parliament passes sweeping amendments to construction payment regime
By Alexander Lyall Parliament has recently enacted legislation allowing for comprehensive changes to the Construction Contracts Act 2002. The Construction Contracts (Retention Money) Amendment Act 2023 passed its third reading on Wednesday 29 March and received Royal...
Gas dispute to be aired in arbitration
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...
Is a party required to accept non-contractual performance during a force majeure event?
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...
Where do directors’ duties lie once insolvency looms?
By Sam Dorne In BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25, the UK Supreme Court handed down its judgment which examined the role of directors when a company becomes, or is likely to become, insolvent. The decision looked at when directors were to consider the...
Recent Comments