Jul 30, 2023 | Arbitration, Enforcement of award, International Disputes, NZIAC
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...
Jul 19, 2023 | Arbitration, International Disputes, NZIAC
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...
Jul 12, 2023 | Arbitration, International Disputes, NZIAC
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...
Jun 21, 2023 | Arbitration, International Disputes, NZIAC
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...
Jun 7, 2023 | Adjudication, Arbitration, NZIAC
By Richard Pidgeon In Husky Food Importers & Distributors Limited v JH Whittaker & Sons Limited, 2023 ONCA 260, the Ontario Court of Appeal has provided guidance on the test and standard of proof required to stay court proceedings in favour of an arbitration...
Apr 19, 2023 | Arbitration, International Disputes, Maritime, NZIAC, Private dispute resolution
FollowFollowFollow Download PDF Many may recall in the early months of 2021 a story as bizarre as it was disruptive. A 400-metre-long ship, the ‘Ever Given’, had lodged itself firmly in the pits of the Suez Canal, one of two of the world’s most vital shipping...
Mar 29, 2023 | Arbitration, International Disputes, NZIAC
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...
Mar 23, 2023 | Arbitration, International Disputes, NZIAC
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...
Mar 15, 2023 | Arbitration, International Disputes, NZIAC
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 clause...
Mar 8, 2023 | Arbitration, International Disputes, NZIAC
By Richard Pidgeon In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA Civ 1555 (DHL v Gemini), the Court of Appeal of England and Wales dealt with the separability principle. The principle deals with the existence of an arbitration...
Feb 22, 2023 | Arbitration, International Disputes, NZIAC
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...
Feb 15, 2023 | Arbitration, International Disputes, NZIAC
The ADR Centre launched its dedicated website. This follows the opening of the physical ADR Centre in August 2022, the first purpose-built centre for dispute resolution in New Zealand. The ADR Centre is the first true bricks-and-mortar centre for practitioners in New...
