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 9, 2023 | 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...
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 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 | 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 | 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 | Jun 21, 2023 | Arbitration
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...
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...
by Virginia Bonanni | May 31, 2023 | Arbitration, NZDRC
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...
