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# New Zealand International Arbitration Centre

New Zealand International Arbitration Centre

## Sitemaps

- [XML Sitemap](https://nziac.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Knowledge Hub](https://nziac.com/knowledge-hub/) - 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. By Process Adjudication Arb-Med Arbitration Conflict Management Early Neutral Evaluation Expert Determination General Mediation
- [AMINZ and NZIAC Shortlisted for 2030 ICCA Congress Host](https://nziac.com/aminz-and-nziac-shortlisted-for-2030-icca-congress-host/) - The New Zealand International Arbitration Centre (NZIAC), together with AMINZ, are delighted to announce that we have been selected as a prospective host for the International Council for Commercial Arbitration (ICCA) Congress in 2030. ICCA is a global NGO dedicated to promoting the use of, and improving processes for, arbitration, conciliation, and other forms of
- [Peru ratifies major trade agreement](https://nziac.com/peru-ratifies-major-trade-agreement/) - The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) has recently been ratified by Peru, making it the eighth member to approve the pact after it entered into force in December 2018. Peru was one of four remaining countries that had yet to ratify CPTPP. The three remaining are Brunei, Chile and Malaysia.By doing so,
- [New Zealand still rated as global leader for public sector transparency, honesty and integrity](https://nziac.com/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 having one of the least corrupt public sectors in the world. This year Finland joins the top-slot as third equal. New Zealand’s score remains a “clean” 88/100, which is great news. However, the global average of 43/100 has also not moved. It has now been stagnant for ten years in a row. Two-thirds of the countries have scored below 50, indicating serious corruption problems. Of them, 27 have obtained their lowest scores ever. The figures reveal a worrying standstill in all regions of the world in the fight against public sector corruption. A summary of some of the issues raised in the CPI is below. The full report and supporting data can be found here.
- [The Alternative Dispute Resolution Centre (ADR Centre) launches its dedicated website](https://nziac.com/the-alternative-dispute-resolution-centre-adr-centre-launches-its-dedicated-website/) - The ADR Centre has 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 Zealand and a hub for dispute resolution services. Catherine Green, Director of
- [It’s time – how New Zealand can bring together Latin America and Asia](https://nziac.com/its-time-how-new-zealand-can-bring-together-latin-america-and-asia/) - Is it time for work to begin again on the Southern Link project? Here, we identify the opportunities that have arisen since the easing of COVID-19 restrictions, and how New Zealand can take advantage of them. In the early months of 2020, the world came to a screeching halt. The disruption caused by the COVID-19 virus to all facets of life was unprecedented, with global commerce lying among the wreckage. Travel became impossible, supply chains were disrupted, and economies faced recession. As COVID-19’s economic impacts begin to fade, reminders of a world eager to connect emerge. From the perspective of our region, it is hard not to notice the enthusiasm for the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Originally a group of 11, the number has since expanded to 12, with the United Kingdom joining in July 2023. The number may also expand soon. Uruguay, Ecuador and Costa Rica have formally applied, while Colombia has expressed interest. From Asia, Taiwan applied in late 2021. China and South Korea have publicly expressed interest.
- [Chapter Review: Compulsory Consolidation in Arbitral Proceedings: An Infringement on Party Autonomy?](https://nziac.com/compulsory-consolidation-in-arbitral-proceedings/) - 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 corridors. Nothing could get past, and so its dislodgement became the most
- [Labelling correspondence “without prejudice” will not always grant the user protection](https://nziac.com/labelling-correspondence-without-prejudice-will-not-always-grant-the-user-protection/) - When is correspondence labelled “without prejudice” truly to be treated as such? The High Court of England and Wales has looked at this issue when deciding costs at the end of a claim. The Court set out guidance for when a party can successfully rely on the privilege that is intended by the term.
- [London calling – What makes a consumer contract English?](https://nziac.com/london-calling-what-makes-a-consumer-contract-english/) - Two recent decisions in the English Commercial Court have highlighted the importance of knowing whether your arbitration agreement in fact forms part of a consumer contract. Arbitration is an attractive option to solve disputes, but as these two decisions show, the ability to enforce any resulting awards may depend on who the other party is, and where they signed up.
- [Gas dispute to be aired in arbitration](https://nziac.com/gas-dispute-to-be-aired-in-arbitration/) - 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 (based on an exception to the arbitration clause) for urgent declaratory relief was not met. Arbitration had to proceed as provided for in the contract.
- [Harman obligation released for documents from mining arbitration](https://nziac.com/harman-obligation-released-for-documents-from-mining-arbitration/) - 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 Prospecting Pty Ltd [No 21] [2023] WASC 169, with some conditions.
- [Where do directors' duties lie once insolvency looms?](https://nziac.com/where-do-directors-duties-lie-once-insolvency-looms/) - 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 overriding interests of the company’s creditors when dealing with insolvency.
- [Is a party required to accept non-contractual performance during a force majeure event?](https://nziac.com/is-a-party-required-to-accept-non-contractual-performance-during-a-force-majeure-event/) - 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-unanimous basis, the Court of Appeal held that a party had not been entitled to rely on a force majeure clause to suspend performance. While the decision turned on the drafting of the particular force majeure clause in question, it attracted widespread attention because of its finding that the party should have accepted an offer of non-contractual performance.
- [Serious irregularity standard in arbitration](https://nziac.com/serious-irregularity-standard-in-arbitration/) - 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 to act fairly.
- [Leave for second appeal declined in lease dispute arbitration](https://nziac.com/leave-for-second-appeal-declined-in-lease-dispute-arbitration/) - 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 Zealand) Ltd v Silverfield Developments Ltd [2008] 2 NZLR 591 for appellate intervention into arbitral awards and the requirement to set aside an award on public policy grounds
- [LinkedIn Lips Sink Ships: Singapore Court of Appeal finds India had already posted into the public domain](https://nziac.com/linkedin-lips-sink-ships-singapore-court-of-appeal-finds-india-had-already-posted-into-the-public-domain/) - 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.
- [Supreme Court of New South Wales finds force majeure clause offered no protection for loss and damage to goods in transit](https://nziac.com/supreme-court-of-new-south-wales-finds-force-majeure-clause-offered-no-protection-for-loss-and-damage-to-goods-in-transit/) - 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 in the contract, or alter the overall allocation of risk intended by the parties.
- [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](https://nziac.com/let-me-hear-your-body-talk-hong-kong-court-refuses-to-set-aside-arbitral-award-over-claim-lawyer-couldnt-read-witnesss-body-language-in-virtual-hearing/) - 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 examining witnesses and presenting its case. The Hong Kong Court of First Instance found ‘no merit’ to this, and held that an in-person hearing would not have resulted in a different outcome. The decision highlights the Hong Kong courts’ acceptance of virtual proceedings as the new normal in a post-pandemic world.
- [Court orders parties back to arbitration](https://nziac.com/court-orders-parties-back-to-arbitration/) - 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 arose as a prior Hong Kong Court ruling held that the contract between the disputing parties which contained an exclusive jurisdiction clause had been superseded by the contract containing a China International Economic and Trade Arbitration Commission (CIETAC) arbitration clause. The Court found that regardless of the issue estoppel the parties were bound by the arbitration clause and the proceedings were stayed.
- [Dispute resolution - alternative vs private](https://nziac.com/dispute-resolution-alternative-vs-private/) - Mediation, arbitration, arb-med, adjudication, expert determination, early neutral evaluation, the list goes on. These are the processes commonly referred to as ADR – alternative dispute resolution. Alternative to what? To the publicly funded State court system of course.Perhaps it’s time to reflect on this widely adopted classification. The increasing adoption by disputing parties of ‘alternative’
- [When can an arbitrator voluntarily resign and what are the implications for the arbitration?](https://nziac.com/when-can-an-arbitrator-voluntarily-resign-and-what-are-the-implications-for-the-arbitration/) - Circumstances can arise when an arbitrator in a domestic arbitration needs to voluntarily resign their appointment. But what is the status of the arbitration if this occurs? Does the court have jurisdiction to step in? This article looks at a recent Canadian decision which addresses these questions and provides guidance on the factors an arbitrator should consider before voluntarily resigning.
- [Celebrating two years...](https://nziac.com/celebrating-two-years/) - In recognition of the under-representation of women on international arbitral tribunals, in 2015, members of the arbitration community drew up a Pledge to take action.
- [NZIAC joins APRAG](https://nziac.com/nziac-joins-aprag/) - NZIAC is delighted to announce that it has joined the Asia Pacific Regional Arbitration Group (APRAG).Whilst NZIAC was founded back in 2013, the decision was taken to await an appropriate time to actively launch its services to the Trans-Pacific Region. That time was 2018 which has seen the Regional International Arbitration Conference in Nadi, Fiji, the
- [NZIAC in Jakarta](https://nziac.com/nziac-in-jakarta/) - Following NZIAC’s recent admission as a member to APRAG, our Executive Director Catherine Green is this week in Jakarta meeting with APRAG’s President Mr Husseyn Umar. Mr Umar is also the Chairman of Badan Arbitrase Nasional Indonesia (BANI). NZIAC would like to thank Mr Umar for his warm hospitality. NZIAC firmly believes that close and
- [CPTPP underway - New Zealand to see the benefits of the CPTPP with tariff cuts for our exporters from 30 December 2018](https://nziac.com/cptpp-underway-new-zealand-see-benefits-cptpp-tariff-cuts-exporters-30-december-2018/) - Australia has become the sixth country to ratify the Comprehensive and Progressive Trans Pacific Partnership (CPTPP) Agreement, after Japan, Singapore, Mexico, New Zealand and Canada triggering the 60 day countdown to entry into force of the Agreement on 30 December 2018 and the first round of tariff cuts.Minister for Trade and Export Growth David Parker
- [Enforcement and recognition of foreign awards made in international arbitrations: as easy as one, two, three…](https://nziac.com/enforcement-and-recognition-of-foreign-awards-made-in-international-arbitrations-as-easy-as-one-two-three/) - 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 enforcement could be refused. Without that request, the Court’s hands were tied and obtaining the orders was a straightforward process.
- [The growing consensus on recognition and enforcement of foreign investment awards](https://nziac.com/the-growing-consensus-on-recognition-and-enforcement-of-foreign-investment-awards/) - A recent decision from the High Court of Malaysia (the Court), Elisabeth Regina Maria Gabrielle von Pezold and Others v Republic of Zimbabwe,[1] features a case of investors from Switzerland and Germany going to Malaysia as a result of their investments in Zimbabwe. Although a seemingly odd prospect, Elisbeth Regina makes it clear that this is a process contemplated fully by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States 1966 (the ICSID Convention). For scorned investors, the challenge has not just been success at the arbitral tribunal stage but also the opportunity to have their award recognised and enforced. However, a number of recent decisions have made developments in clarifying the status of the award. Elisabeth Regina is further confirmation that a global legal framework is in place that gives life to the arbitral process.
- [ReSolution Wrap-Up - the latest in Asia-Pacific regional agreements](https://nziac.com/resolution-wrap-up-the-latest-in-asia-pacific-regional-agreements/) - RCEP is growing and more countries are signing up to the Singapore Convention - Alex and Alice track some recent changes to international agreements concerning the Asia-Pacific region.
- [CEO secrets: English High Court grants stay for arbitration in £45 million conflict of interest proceedings](https://nziac.com/ceo-secrets-english-high-court-grants-stay-for-arbitration-in-45-million-conflict-of-interest-proceedings/) - In NTT Limited & Others v Goodall[1] the High Court granted a case management stay of proceedings in favour of arbitration, even though the arbitration involved only some of the parties. The Court provided practical guidance on the correct test to be applied in refusing or granting a stay, particularly in multi-party proceedings.
- [Australian Hague Rules: party to shipping dispute rails against arbitration clause](https://nziac.com/australian-hague-rules-party-to-shipping-dispute-rails-against-arbitration-clause/) - In Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG,[1] the High Court of Australia assessed whether engagement in arbitration in a foreign jurisdiction could contravene law designed to protect cargo owners. The decision is an illustration of the stability of arbitration as a method of dispute resolution.
- ["The parties began by playing cricket but then switched to baseball": English Court of Appeal decides whether reinsurance dispute should be heard in London or New York](https://nziac.com/ithe-parties-began-by-playing-cricket-but-then-switched-to-baseball-i-english-court-of-appeal-decides-whether-reinsurance-dispute-should-be-heard-in-london-or-new-york/) - In Tyson International Company Ltd v Partner Reinsurance Europe SE [2024] EWCA Civ 363, parties to a reinsurance contract (a Market Reform Contact – MRC) and a subsequent agreement (a Market Uniform Reinsurance Agreement – MURA) fell into disagreement over whether Partner Reinsurance had provided cover to Tyson International. Making matters worse, the parties could
- [Federal Court of Australia enforces foreign arbitral award of $40 million](https://nziac.com/federal-court-of-australia-enforces-foreign-arbitral-award-of-40-million/) - 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 policy.
- [Arbitrator's Exercise of Phantom Jurisdiction](https://nziac.com/arbitrators-exercise-of-phantom-jurisdiction/) - 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 the arbitrator’s jurisdiction.
- [Court found arbitrator’s jurisdiction could not be resuscitated after delivery of final award even when award was conditional – that parrot is no more!](https://nziac.com/court-found-arbitrators-jurisdiction-could-not-be-resuscitated-after-delivery-of-final-award-even-when-award-was-conditional-that-parrot-is-no-more/) - The Singapore Court of Appeal found an arbitrator’s jurisdiction had come to an end and there was no implied reservation of jurisdiction in the conditional award which he had issued. In its judgment, the Court stepped through the “tells” of a final arbitral award and how an arbitrator may reserve their jurisdiction.
- [Apparent bias: the Hong Kong Court of First Instance did not find any, but the Court of Appeal will have more to say soon](https://nziac.com/apparent-bias-the-hong-kong-court-of-first-instance-did-not-find-any-but-the-court-of-appeal-will-have-more-to-say-soon/) - The Hong Kong Court of First Instance (the Court) has granted a party leave to have their allegations related to bias heard in the Court of Appeal.[1] The decision may come as a surprise to many. In its initial decision, the Court had thoroughly rejected claims of apparent bias.[2]
- [<i>Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Ltd </i>[2022] ONSC 1679](https://nziac.com/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 Husky Food Importers & Distributors Ltd (Husky) in the Ontario courts in Canada. The Ontario Superior Court of Justice found it was arguable that a valid arbitration agreement existed and that the dispute was covered by the arbitration agreement, and referred the parties to arbitration administered by the New Zealand International Arbitration Centre (NZIAC). Not only is the decision to be applauded given its adherence to orthodoxy regarding the ‘competence-competence’ principle and its pro-arbitration stance, it provides valuable lessons for drafting – particularly with respect to the incorporation of standard terms of trade.
- [All dressed up but nowhere to go: Recognition but no enforcement of ICSID awards](https://nziac.com/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 a quick and easy process. But two recent cases have been anything but. Why? Because they involve investor-State arbitrations and issues of State immunity and interpretation of the ICSID Convention. To understand Sodexo Pass International SAS v Hungary [2021] NZHC 371 and its Australian counterpart, Kingdom of Spain v Infrastructure Services Luxembourg SARL [2021] FCAFC 3, we may first need to start with a small refresher on how the ICSID Convention came about.
- [How the Taliban takeover clarified a key point in insurance law – and why it didn’t matter](https://nziac.com/how-the-taliban-takeover-clarified-a-key-point-in-insurance-law-and-why-it-didnt-matter/) - A recent decision from the English High Court should set off alarm bells for companies operating in precarious parts of the globe. In Hamilton v Afghan Global Insurance,[1] the Court held that the wording of an exclusion clause meant that an insurer was not liable to indemnify a company for loss suffered in Afghanistan. The decision should test the assumptions companies operating in unstable countries have about their policies. Companies may believe that their policies will cover them for upheaval, but the decision in Hamilton should force them to look again.
- [Sign of the times: enforcing an arbitration agreement exchanged by electronic counterparts](https://nziac.com/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 show that our mindset about what an "original" or "duly certified copy" is might need to change when it comes to enforcing foreign arbitral awards.
- [An orthodox operation of religious arbitration](https://nziac.com/an-orthodox-operation-of-religious-arbitration/) - 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).
- [Subject matter arbitrability: Singaporean seat](https://nziac.com/subject-matter-arbitrability-singaporean-seat/) - 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 arbitration for the jurisdiction of the seat of arbitration then likewise for the jurisdiction of the choice of law for the arbitration agreement before determining if the arbitration can proceed in Singapore.
- [Husky v Whittaker's appeal outcome: Ontario Court of Appeal upholds stay of court proceedings for referral to NZIAC arbitration](https://nziac.com/husky-v-whittakers-appeal-outcome-ontario-court-of-appeal-upholds-stay-of-court-proceedings-for-referral-to-nziac-arbitration/) - 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 agreement. In May 2022 we reported on a Canadian case involving Whittaker’s chocolate, in which the Ontario Superior Court granted an application to stay proceedings and refer the dispute to arbitration here at the New Zealand International Arbitration Centre.[1] That decision was appealed. The Ontario Court of Appeal has now issued its decision, which upholds the stay of proceedings and referral to arbitration at NZIAC.[2]
- [Arb-Med: a good process gone bad](https://nziac.com/arb-med-good-process-gone-bad/) - A salutary lesson as to why parties electing to engage in Arb-Med, should do so under carefully drafted and comprehensive Arb-Med Rules.
- [Court thwarts bad faith attempt to lift veil of confidentiality of international arbitration award](https://nziac.com/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 of Australia refused to have its processes used to erode or undermine the parties’ agreement to, and the law’s protection of, confidential information in relation to the parties’ arbitral proceeding when no legitimate purpose could be identified for the orders sought.
- [New Zealand poised to become Switzerland of the South Pacific](https://nziac.com/new-zealand-poised-become-switzerland-south-pacific/) - Hot on the heels of the CPTTP Agreement finalised earlier this year, the New Zealand International Arbitration Centre (NZIAC) has announced the launch of its new and innovative 2018 suite of International Arbitration, Mediation and Arb-Med Rules, and a fresh new website nziac.com Four key objectives of NZIAC are: to provide an effective and certain forum
- [Wilful breaches of contract – do exclusion clauses and liability caps still work?](https://nziac.com/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 Mott Macdonald Ltd v Trant Engineering Ltd,[1] which confirmed that clauses limiting or excluding liability for claims will be given effect on their plain and ordinary meaning. If any limitation or exclusion is not intended to apply to a deliberate or wilful action, clear wording to that effect is required.
- [Notice of arbitration – make it valid or the award will not stand](https://nziac.com/notice-of-arbitration-make-it-valid-or-the-award-will-not-stand/) - A recent decision in the Hong Kong Court of First Instance has demonstrated what to avoid when serving a notice to commence arbitration. In G v P, [1] the applicant was unsuccessful in their bid to have an award recognised. The Court took the view that as the notice arrangements had not been followed in accordance with the parties’ arbitration agreement, the award could not be said to be fair.
- [Enforcement of foreign arbitration awards in Australia – lessons from the <i>Hub Street appeal</i>](https://nziac.com/enforcement-of-foreign-arbitration-awards-in-australia-lessons-from-the-hub-street-appeal/) - The decision of the Full Court of the Federal Court of Australia in Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company[1] provides valuable guidance on the enforcement of foreign arbitration awards in Australia, including on the nature of the discretion available[2] for an Australian court to enforce a foreign award, notwithstanding any defects in the proceeding. Prior to this decision, there was no authoritative statement in Australia on the nature of that discretion. The decision affirms the paramountcy of the terms of the arbitration agreement when determining the validity or enforceability of an arbitral award. It also reinforces the certainty and predictability of international arbitration as a method of resolving international commercial disputes.
- [Newcomer arbitrator put under lights in case of apparent bias](https://nziac.com/newcomer-arbitrator-put-under-lights-in-case-of-apparent-bias/) - A recent decision of the English High Court, H1 & Anor v W & Ors,[1] has captured some of the tell-tale signs that an arbitrator is displaying apparent bias. The decision explains the concept of apparent bias and its importance. It also highlights that even the mere possibility of bias can undermine the arbitral process.
- [What are the implications of becoming a Contracting State to the New York Convention?](https://nziac.com/what-are-the-implications-of-becoming-a-contracting-state-to-the-new-york-convention/) - A recent decision in the Federal Court of Australia, CCDM Holdings, LLC v Republic of India (No 3),[1] has explored some of the intricacies of the New York Convention. The case provides an interesting analysis of state immunity and whether government action can be described as a commercial transaction.
- [Court continues to follow modern “one stop” adjudication approach and finds arbitration clause that says “may” arbitrate means the parties “must” do so](https://nziac.com/court-continues-to-follow-modern-one-stop-adjudication-approach-and-finds-arbitration-clause-that-says-may-arbitrate-means-the-parties-must-do-so/) - Where an arbitration clause is included in a contract, the courts will not interpret it as giving the parties a choice between arbitration and litigation unless very clear language is used to indicate that is the parties’ intention.
- [Dipping its ‘cryptoes’ in the water: poor litigation strategy ruins a valid arbitration agreement](https://nziac.com/dipping-its-cryptoes-in-the-water-poor-litigation-strategy-ruins-a-valid-arbitration-agreement/) - In Beltran, Julian Moreno and another v Terraform Labs Pte Ltd and others,[1] the Singapore High Court dismissed a cryptocurrency exchange’s application to have a dispute resolved by arbitration. As Terraform Labs Pte Ltd (Terraform) found the hard way, a party can succeed in showing a valid arbitration agreement but fail because of its litigation strategy. The decision not only demonstrates the dos and don’ts of an arbitration strategy but provides key analysis on the intricacies of agreements in the crypto world.
- [Transparency International: why New Zealand's ranking matters](https://nziac.com/transparency_international/) - The rule of law is profoundly important for a fair and functioning justice system to underpin effective international dispute resolution. It is beyond argument that New Zealand is highly respected globally as an independent and lawful jurisdiction for international arbitration and mediation. Transparency International’s Corruption Perceptions Index for 2018 has again ranked New Zealand first in the Asia-Pacific Region. Slipping one place back globally but still coming in second after Denmark, the results confirm again that New Zealand provides an ideal, neutral and independent seat/venue for international dispute resolution. With 22 out of the 30 Asia Pacific countries included in the index scoring less than 50 out of 100 (and 18 scoring less than 40), New Zealand stands out as a clear leader in the region and globally. These most recent rankings also reflect the World Justice Project Rule of Law Index. On 31 January 2018, the World Justice Project Rule of Law Index ranked New Zealand in 7th place globally (up one place from 2016) and 1st in the East Asia & Pacific Region. The Index is the world’s most comprehensive dataset of its kind and serves as an independent quantitative tool that measures countries’ adherence to the rule of law in practice.
- [Related parties involved in fraud and bribery are taught an elementary lesson: an arbitration award only binds the parties to it](https://nziac.com/related-parties-involved-in-fraud-and-bribery-are-taught-an-elementary-lesson-an-arbitration-award-only-binds-the-parties-to-it/) - In a recent judgment of the English Court of Appeal, Vale v Steinmetz [2021] EWCA Civ 1087, the Court has affirmed the “clear and considered statement of principle” that, save for limited purposes, an award between A and B has no binding effect in proceedings between A and C.[1] The case concerned the impact, if any, of an arbitration award rescinding a contract for fraud on a proprietary claim against a stranger to the arbitration.
- [Clause and effect: the importance of well-drafted model clauses](https://nziac.com/clause-and-effect-the-importance-of-well-drafted-model-clauses/) - An overview of why well-drafted model clauses matter Introduction Contracts, like disputes, come in all shapes and sizes. Most parties to a contract are keen to get the deal finalised and signed on the dotted line as quickly as possible. There isn’t always an appetite to pore over model clauses in a contract, with the
- [Should one-size fit all?](https://nziac.com/one-size-fit/) - Participating, non-participating and boycotting parties under proposed Article 16(4)
- [Reported trade numbers show promising start to CPTPP](https://nziac.com/reported-trade-numbers-show-promising-start-to-cptpp/) - Australia was the sixth country to ratify the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), after Japan, Singapore, Mexico, New Zealand and Canada triggering the 60 day countdown to entry into force of the Agreement on 30 December 2018 and the first round of tariff cuts. Vietnam has also since ratified the CPTPP.
- [Admission of arbitrator’s findings in subsequent court proceedings – the scope of issue estoppel](https://nziac.com/admission-of-arbitrators-findings-in-subsequent-court-proceedings-the-scope-of-issue-estoppel/) - In a recent case where damages were sought by an employee for psychological injury from bullying and harassment,[1] the Federal Court of Australia considered whether issue estoppels arose from the findings in a prior determination of an arbitrator of the Workers’ Compensation Commission, that the worker sustained a psychological injury arising out, or in the course,
- [The treasure of the San José](https://nziac.com/the-treasure-of-the-san-jose/) - An investor-State arbitration is currently underway between the Republic of Colombia and a US company over a 300-year-old shipwreck containing treasure estimated at $20 billion – the most valuable sunken treasure in history. The company claims Colombia has unlawfully expropriated its rights to the treasure, in breach of a US-Colombia investment treaty, and seeks nearly $10 billion in damages.
- [Concluding remarks: Part Six in a series on the Singapore Convention](https://nziac.com/the-singapore-mediation-convention-concluding-remarks-part-six-in-a-series-on-the-singapore-mediation-convention/) - Preface Part six of a six-part series titled ‘Singapore Convention: a panacea for trade in the Trans-Pacific or just one piece of the puzzle?’Part One of the series ‘An Introduction’ may be accessed here.Part Two of the series ‘The “Trans-Pacific” Experience’ may be accessed here.Part Three of the series ‘Facilitation of Trade and Investment’ may
- [Pandemics, lockdowns and contracts – can overseas courts give us any insight?](https://nziac.com/pandemics-lockdowns-and-contracts-can-overseas-courts-give-us-any-insight/) - When the COVID-19 pandemic first arrived in New Zealand, there was widespread discussion amongst the legal community about the impact the pandemic and the Government “lockdowns” might have on contracts.[1] Two main avenues for obtaining contractual relief were explored: the doctrine of frustration, and force majeure clauses. With the recent move into a Level 4 lockdown, it’s timely for us to revisit our thinking on this. Have the courts been able to fill in some of the gaps we had in our understanding of how COVID-19 might affect contracts? Interestingly, there has been little comment from the courts on these matters – perhaps parties have reached settlement, or perhaps the disputes are still making their way through the backlogged courts. However, we do have two cases to consider: one from Ireland, and one from Wales.
- [English Court of Appeal holds Early Neutral Evaluation can be ordered without party consent](https://nziac.com/court-holds-early-neutral-evaluation-can-be-ordered-without-party-consent/) - In the recent case of Lomax v Lomax [2019] EWCA Civ 1467 it was held that the courts’ power to order Early Neutral Evaluation (ENE) is not dependent on party consent. This decision represents a significant step forward for Alternative Dispute Resolution (ADR) in the UK.
- [What are the cost implications of challenging an arbitral award through the courts?](https://nziac.com/what-are-the-cost-implications-of-challenging-an-arbitral-award-through-the-courts/) - A recent decision of the Singapore High Court shone a spotlight on indemnity costs and when they will, and won’t, be granted following the unsuccessful challenge of an arbitral award. The decision highlighted the opposite principles in place between Singapore and Hong Kong when a losing party challenges the arbitrator’s award through the court system and fails. What are the underlying motivators for these differences, and how do they reflect the situation in New Zealand?
- [Addressing diversity and culture in International Mediation: Part Four in series on the Singapore Convention](https://nziac.com/addressing-diversity-and-culture-in-international-mediation-part-four-in-a-series-on-the-singapore-convention/) - Preface Part four of a six part series titled ‘the Singapore Convention: a panacea for trade in the Trans-Pacific or just one piece of the puzzle?’Part One of the series ‘An Introduction’ may be accessed here.Part Two of the series ‘The “Trans-Pacific” Experience’ may be accessed here.Part Three of the series ‘Facilitation of Trade and
- [The dual questions of cost and time: Part Five in a series on the Singapore Mediation Convention](https://nziac.com/addressing-diversity-and-culture-in-international-mediation-part-five-in-a-series-on-the-singapore-convention/) - Preface Part five of a six-part series titled ‘the Singapore Convention: a panacea for trade in the Trans-Pacific or just one piece of the puzzle?’Part One of the series ‘An Introduction’ may be accessed here.Part Two of the series ‘The “Trans-Pacific” Experience’ may be accessed here.Part Three of the series ‘Facilitation of Trade and Investment’
- [Argos Pereira España SL and another v Athenian Marine Ltd [2021] EWHC 554](https://nziac.com/equitable-compensation-allowed-for-breach-of-arbitration-clause-by-a-third-party/) - The English High Court was asked whether a third party which derived rights from a contract, and failed to comply with the contract’s arbitration clause, may be held liable for equitable compensation – the High Court said yes.[1] This important decision establishes for the first time, that a party which derives rights from a contract, such as a subrogated insurer or assignee, may be held liable to pay equitable compensation where it brings a claim in a foreign jurisdiction contrary to the contractual forum clause. The decision confirmed that: a third party which received the benefit of a contract containing an arbitration clause, must adhere to the provisions of the arbitration clause and may not act outside its scope; a party to that contract which is forced to defend proceedings brought in breach of the arbitration clause, is now entitled to compensation without having to apply for declaratory relief; and group companies which have had to defend themselves against proceedings brought in breach of the arbitration clause, may recover wasted costs in the absence of available remedies
- [Limits to appeals of arbitral awards](https://nziac.com/limits-to-appeals-of-arbitral-awards/) - The issue of whether there should be a right to review an arbitral award for an error of law, and if so in what circumstances may it be done, has been controversial.[1] Three recent High Court decisions have reflected that a restrictive approach to this issue is still taken, and we discuss these below.
- [Facilitation of Trade and Investment: Part Three in a series on the Singapore Mediation Convention](https://nziac.com/facilitation-of-trade-and-investment-part-three-in-a-series-on-the-singapore-mediation-convention/) - Preface Part three of a six part series titled ‘the Singapore Mediation Convention: a panacea for trade in the Trans-Pacific Region or just one piece of the puzzle?’Part One of the series ‘An Introduction’ may be accessed here.Part Two of the series ‘The “Trans-Pacific” Experience’ may be accessed here.This is the third instalment of a
- [Third-party funding: has it finally come in from the cold?](https://nziac.com/third-party-funding-has-it-finally-come-in-from-the-cold/) - The International Bar Association recently published a revised Rules of Evidence on 17 February 2021. The main updates involve adding cyber security and data protection, allowing remote hearings and excluding evidence obtained illegally.
- [The 'Trans-Pacific' Experience: Part Two in a series on the Singapore Mediation Convention](https://nziac.com/the-trans-pacific-experience-part-two-in-a-series-on-the-singapore-mediation-convention/) - Preface Part two of a six part series titled ‘the Singapore Mediation Convention: a panacea for trade in the Trans-Pacific Region or just one piece of the puzzle?’Part One of the series ‘An Introduction’ may be accessed here.In Part Two of this series, I consider the ‘Trans-Pacific’ experience and why the question of accession to
- [Avoiding conflict and improving dispute resolution for IT projects](https://nziac.com/avoiding-conflict-and-improving-dispute-resolution-for-it-projects/) - The commercial design, build, and delivery of software systems is about 50 years old. In contrast, the design, build, and delivery of physical buildings is about 4000 years old, with one of the oldest recognised buildings being the Pyramid of Djoser in Egypt, which was designed and built in 2700BC.
- [The Singapore Mediation Convention: a panacea for trade in the Trans-Pacific Region or just one piece of the puzzle? Part One: An Introduction](https://nziac.com/the-singapore-mediation-convention-a-panacea-for-trade-in-the-trans-pacific-region-or-just-one-piece-of-the-puzzle-part-one-an-introduction/) - The important correlation between private dispute resolution and cross-border trade and investment is not new to those engaged in either international law or international trade and commerce. However, recent developments in international law, with the United Nations Commission on International Trade Law (UNCITRAL) approving the final draft of the Convention on International Settlement Agreements Resulting
- [Strange bedfellows – COVID-19 and environmental sustainability](https://nziac.com/strange-bedfellows-covid-19-and-environmental-sustainability/) - Arbitration users have become well-accustomed to remote hearings such as procedural hearings by telephone, or witness cross-examination being undertaken by video-link in recent years. The technology to conduct remote hearings in domestic and international arbitration has been available and has been used for many years. The conduct of fully remote hearings in international arbitration is,
- [Arbitration and mediation of disputes involving trusts get the green light in New Zealand](https://nziac.com/arbitration-and-mediation-of-disputes-involving-trusts-gets-the-green-light-in-new-zealand/) - In a watershed moment on Wednesday of this week, the New Zealand Parliament passed the Trusts Bill which contains unique and important provisions that expressly provide for arbitration and mediation of internal and external disputes involving trusts, including for court ordered arbitration or mediation for internal matters but with some added protections.Claims brought by or
- [NZ connecting China to South America: Building the Southern Link](https://nziac.com/nz-connecting-china-to-south-america-building-the-southern-link/) - Today the international Building the Southern Link Conference is taking place in Auckland, New Zealand.The Southern Link Project proposes the development of new trade and travel routes between China, New Zealand and South America, in particular Argentina and Chile.The conference organisers have identified that the Southern Link across New Zealand is the quickest and most
- [New Zealand and China sign upgraded free trade agreement](https://nziac.com/new-zealand-and-china-sign-upgraded-free-trade-agreement/) - New Zealand and China have signed a deal to upgrade the current free trade agreement. Among the key points, there is a focus on reducing compliance cost for New Zealand exporters.
- [Court of Appeal touches on relationship between arbitration and comity](https://nziac.com/court-of-appeal-touches-on-relationship-between-arbitration-and-comity/) - The New Zealand Court of Appeal (the Court) has provided commentary on how New Zealand courts should evaluate dispute resolution clauses. The comments were made as part of the Wikeley v Kea Investments Limited [2024] NZCA 609 decision, where the Court considered whether it should grant an injunction preventing the enforcement of a foreign judgment.
- [Sloppy arbitration clause fine, but Hong Kong Court of First Instance takes issue with party’s delay](https://nziac.com/sloppy-arbitration-clause-fine-but-hong-kong-court-of-first-instance-takes-issue-with-partys-delay/) - A second bite of the cherry? The Hong Kong Court of First Instance dismisses application to stay proceedings in favour of arbitration.
- [A point of importance for investment treaty arbitration: English Commercial Court dismisses South Korea’s jurisdictional challenge following Samsung dispute  ](https://nziac.com/a-point-of-importance-for-investment-treaty-arbitration-english-commercial-court-dismisses-south-koreas-jurisdictional-challenge-following-samsung-dispute/) - When is a losing party challenging a tribunal’s jurisdiction and when are they revisiting arguments from the underlying dispute? In Elliott v Republic of Korea, the English Commercial Court laid out some techniques to find out.
- [Cryptocurrency trading platform giant, Binance, loses appeal to stay proceedings in favour of arbitration ](https://nziac.com/cryptocurrency-trading-platform-giant-binance-loses-appeal-to-stay-proceedings-in-favour-of-arbitration/) - The Ontario Court of Appeal (the Court) has re-examined arguments over whether a cryptocurrency dispute between cryptocurrency holders and their trading platform, Binance Holdings Limited (Binance), should have been heard in arbitration.In Lochan. v. Binance Holdings Limited, 2023 ONSC 6714, the Ontario Supreme Court rejected pleas from Binance Holdings Limited (Binance) that legal proceedings should
- [Transparency International: New Zealand's perception is its reality](https://nziac.com/transparency-international-new-zealands-perception-is-its-reality/) - Once again, New Zealand has been ranked first equal with Denmark as having the least corrupt public sector in the world. Transparency International has just released its 2020 Corruption Perceptions Index (CPI) and New Zealand ranked equal No.1 out of 180 countries and territories with an overall score of 88/100. The average score was 43/100
- [Trust in mediation](https://nziac.com/trust-in-mediation/) - Under New Zealand’s new trust legislation, parties to certain trust disputes can be ordered to participate in alternative dispute resolution (ADR), such as mediation and arbitration. We now have several High Court decisions demonstrating the Court’s strong support for the advantages of mediation and providing guidance on the factors the Court will take into account in exercising this discretion. We also have the Court’s first decision ordering parties to refer their trust dispute to arbitration.
- [Third party rights in arbitration: can an arbitral award impact a non-party to the agreement?](https://nziac.com/third-party-rights-in-arbitration-can-an-arbitral-award-impact-a-non-party-to-the-agreement/) - In KZ v KY, the Hong Kong Court of First Instance (the Court) considered whether an arbitral award impacting third parties can be enforced by a court. More fundamentally, the Court also asked whether any third parties had been impacted at all.
- [The Arbitration Job](https://nziac.com/the-arbitration-job/) - In Contax Partners Inc BVI v Kuwait Finance House (KFH-Kuwait) & Ors [2024] EWHC 436, the English High Court granted an order enforcing a £70 million Kuwaiti arbitration award against the Kuwait Finance House banking group (KFH). The enforcement order was then used to take out third party debt orders against KFH’s bank accounts. However, when its assets were frozen KFH successfully applied to the Court to set aside the enforcement order. The reason? It was all an elaborate fraud. There had never been any arbitration or arbitration agreement between the parties. It was unknown who was behind the scam, but after re-examining the documents, particularly the arbitration award, the Court was satisfied they were bogus and it was all a big con.
- [Papua New Guinea accedes to New York Convention](https://nziac.com/papua-new-guinea-accedes-to-new-york-convention/) - Congratulations to the Independent State of Papua New Guinea (PNG) which, on 17 July 2019, became the 160th state to accede to the New York Convention.NZIAC was delighted to be a development partner for the Second South Pacific International Arbitration Conference which was organised by the Asian Development Bank (ADB) in conjunction with the PNG
- [Transparency International: NZ on top again](https://nziac.com/transparency-international-nz-on-top-again/) - Background Transparency International’s Corruption Perceptions Index 2019 has just been released, revealing the rankings of 180 countries and territories when analysed for perceived levels of corruption. The long-awaited report reveals New Zealand is again ranked as the least corrupt country in the world, alongside Denmark. With two thirds of countries scoring below 50 out of 100,
- [IT Project Contract Disputes- Tailored Mediation](https://nziac.com/it-project-contract-disputes-tailored-mediation/) - In a previous post I posed the question “Can customised Mediation or the use of Dispute Review Boards resolve and reset IT Project contract disputes?“I shared some of the findings and recommendations of industry focused research (conducted in collaboration with the New Zealand International Arbitration Centre) with senior international and domestic IT project stakeholders about the
- [Freshly ground look at whether arbitrator had shown bias: Ontario Court of Appeal reinstates award ](https://nziac.com/freshly-ground-look-at-whether-arbitrator-had-shown-bias-ontario-court-of-appeal-reinstates-award/) - In ReSolution Issue 36, we covered a finding in the Ontario Supreme Court that an arbitrator had caused a reasonable impression of bias. The Supreme Court had found that such an impression was caused by its failure to disclose a previous appointment. Consequently, the Supreme Court set aside the award. The Court of Appeal in Aroma
- [Arbitrators, independence and impartiality - important guidance from the UK Supreme Court](https://nziac.com/arbitrators-independence-and-impartiality-important-guidance-from-the-uk-supreme-court/) - UK Supreme Court judgment in Halliburton v Chubb:The Supreme Court highlighted the importance of the duty of impartiality as a core principle of arbitration law and the need to apply an objective observer test in arbitration.
- [It pays to check: US$54 million error a “simple” mistake](https://nziac.com/it-pays-to-check-us54-million-error-a-simple-mistake/) - We all make mistakes – it’s human nature. However, some mistakes have bigger consequences and a London Court of International Arbitration (LCIA) panel recently had a US$54 million howler! When calculating the value of shares in assessing damages in a Russian commercial dispute, the tribunal of three arbitrators added a sum relating to historic tax labilities instead of subtracting it. When the US$54 million error was brought to its attention, the tribunal sincerely apologised but refused to amend the award on the grounds it was a “fair assessment” of loss. Needless to say, the claimants weren’t happy. They asked the tribunal to correct the error. The tribunal refused. The claimants then filed a challenge to the award in the English High Court on the grounds that the mistake was a “serious irregularity”, causing “substantial injustice”, and the damages should be reduced to US$4 million.[1] The challenge was heard by Sir Ross Cranston, who described how “a tribunal of leading arbitrators” made a “simple mistake” when assessing the damages. Sir Ross said it was “the sort of mistake any of us can make” but “with the most unfortunate of consequences”. The challenge was successful. The High Court remitted the award back to the tribunal for reconsideration.
- [Modernised IBA Rules: what has changed in international arbitration?](https://nziac.com/modernised-iba-rules-what-has-changed-in-international-arbitration/) - The International Bar Association (IBA) published its revised Rules on the Taking of Evidence in International Arbitration (the Rules of Evidence) on 17 February 2021. The revised rules will apply to all arbitrations in which the parties agree to apply the IBA Rules of Evidence after 17 December 2020. This may be as part of a new agreement to arbitrate or in determining the procedural rules to apply in a future or pending arbitration.
- [Court sees through layers of lipstick and linguistic camouflage in audacious application to set aside arbitral award](https://nziac.com/court-sees-through-layers-of-lipstick-and-linguistic-camouflage-in-audacious-application-to-set-aside-arbitral-award/) - Unfortunately, too many unsuccessful arbitration participants still see it as worth their while to ‘roll the dice’ by manufacturing a pathway to a court, where strained procedural unfairness arguments rise to the fore as something of a last refuge of the desperate. … This farcical position should no longer be entertained. Where [this] backdoor strategy is unsuccessfully deployed in future it should be met with a punitive costs sanction.[1] Arbitration is final and binding, and an award in New Zealand can be appealed only on a question of law (not fact) or when it is in conflict with public policy (involving fraud, corruption or a breach of natural justice, such as procedural unfairness). The principle underpinning this, is that parties will not be readily provided with a chance to re-argue their claims before a court after having chosen freely to resolve their disputes through arbitration. This reflects the old saying, “you made your bed, so must lie in it”. In a recent decision out of the Supreme Court of Western Australia, the lawyers involved must have felt they had been sent to their beds without any supper. The case was Venetian Nominees Pty Ltd v Weatherford Australia Pty Ltd,[2]where Kenneth Martin J dismissed an application to set aside an arbitral award based on an alleged denial of procedural fairness, in a scathing judgment.
- [Different dispute resolution clauses in related contracts. Which one prevails?](https://nziac.com/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?
- [Choice of NZIAC arbitration upheld by Ontario courts](https://nziac.com/choice-of-nziac-arbitration-upheld-by-ontario-courts/) - A fan-favourite, Whittaker’s chocolate is the choice of many. But Whittaker’s could have missed out on its choice of dispute resolution process and jurisdiction when its former distribution agent in Canada sought to resolve a dispute in the Ontario courts rather than applying the arbitration agreement that Whittaker’s thought it had incorporated in its standard terms of trade. Read on to learn more about Husky Food Importers & Distributors Limited v JH Whittaker & Sons Limited [2022] ONSC 1697 and why a good model clause is essential for commercial contracts.
- [The importance of certainty in international arbitration agreements](https://nziac.com/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 of Kabab-Ji SAL v Kout Food Group [2021] UKSC 48. An interesting set of facts led the Court to look at an arbitration agreement arising out of arbitral proceedings in Paris that resulted in separate appeals both in England and France over the same set of facts, and how both Courts came to different conclusions, which in the end highlighted the absolute need for certainty when drafting international agreements.
- [The nuts and bolts of appealing an arbitral award when you need the Court’s leave](https://nziac.com/the-nuts-and-bolts-of-appealing-an-arbitral-award-when-you-need-the-courts-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 door? Two recent decisions out of Hong Kong and New Zealand look at different aspects of the application process.
- [Lifestyles of the rich and famous: polo clubs and (non) party parties](https://nziac.com/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 arbitration clause in an agreement entered into by its predecessor owner of the trade mark.[1] The appeal involved issues of conflict of laws in relation to arbitration agreements and the assignment of trade marks.
- [Separability and arbitral tribunals being 'open business'?](https://nziac.com/separability-and-arbitral-tribunals-being-open-business/) - 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 agreement in an invalid or rescinded contract.
- [IT Dispute Resolution Survey](https://nziac.com/it-dispute-resolution/) - NZIAC and NZDRC are experts in providing the right conflict management solutions for your business. Want to know more about how we can help you better manage the risk of disputes and to more effectively resolve conflict when it arises? Contact our team today.

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- [IT Disputes: From Chaos to Calm](https://nziac.com/it-disputes-from-chaos-to-calm/) - Chaos to Calm - IT Disputes NZIAC Panel Mediator Gerard Doolin provides insightful information on IT conflict resolution processes in this three-part series, “Chaos to Calm.” Learn more Contact Us Chaos to Calm Series | Part I: The Inconvenient Truth of Software Project Failure Rates In Part One of the “Chaos to Calm” Series, NZIAC
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- [ReSolution Issue 41](https://nziac.com/resolution/resolution-issue-41/) - [et_pb_section fb_built="1" admin_label="section" _builder_version="4.16" global_colors_info="{}"][et_pb_row column_structure="3_4,1_4" _builder_version="4.16" _module_preset="default" custom_padding="||0px|||" global_colors_info="{}"][et_pb_column type="3_4" _builder_version="4.16" _module_preset="default" global_colors_info="{}"][et_pb_text admin_label="Summary" _builder_version="4.23.4" background_size="initial" background_position="top_left" background_repeat="repeat" min_height="59px" custom_margin="||11px|||" hover_enabled="0" use_border_color="off" border_color="#ffffff" border_style="solid" global_colors_info="{}" sticky_enabled="0"]ReSolution Issue 41 August 2024 [/et_pb_text][/et_pb_column][et_pb_column type="1_4" _builder_version="4.16" _module_preset="default" global_colors_info="{}"][et_pb_social_media_follow url_new_window="off" admin_label="Social Media Follow" _builder_version="3.0.87" link_shape="rounded_rectangle" global_module="5333" saved_tabs="all" global_colors_info="{}"][et_pb_social_media_follow_network social_network="facebook" url="https://www.facebook.com/nziac" _builder_version="4.16" background_color="#3b5998" bg_color="#3b5998" global_colors_info="{}" follow_button="off" url_new_window="off"] Facebook [/et_pb_social_media_follow_network][et_pb_social_media_follow_network
- [Confidentiality Agreement for non-parties](https://nziac.com/confidentiality-agreement-arbitration/) - [et_pb_section fb_built="1" admin_label="section" _builder_version="4.16" global_colors_info="{}"][et_pb_row admin_label="Row" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" custom_padding="1px|0px|32px|0px" global_colors_info="{}" column_structure="2_3,1_3"][et_pb_column type="2_3" _builder_version="4.16" custom_padding="|||" global_colors_info="{}" custom_padding__hover="|||"][et_pb_text admin_label="Confidentiality Agreement" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" use_border_color="off" border_color="#ffffff" border_style="solid" global_colors_info="{}"]CONFIDENTIALITY AGREEMENT FOR NON-PARTIES I have read and understand that I am bound by Rules 38.2-38.7 of the NZIAC Arbitration Rules. I understand that by being involved
- [Confidentiality Agreement for non-parties](https://nziac.com/confidentiality-agreement-non-parties/) - [et_pb_section fb_built="1" admin_label="section" _builder_version="4.16" global_colors_info="{}"][et_pb_row admin_label="Row" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" custom_padding="1px|0px|32px|0px" global_colors_info="{}" column_structure="2_3,1_3"][et_pb_column type="2_3" _builder_version="4.16" custom_padding="|||" global_colors_info="{}" custom_padding__hover="|||"][et_pb_text admin_label="Confidentiality Agreement" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" use_border_color="off" border_color="#ffffff" border_style="solid" global_colors_info="{}"]CONFIDENTIALITY AGREEMENT FOR NON-PARTIES I have read and understand that I am bound by Rules 30.2-30.7 of the NZIAC Arb-Med Rules. I understand that by being involved
- [Confidentiality Agreement for Non-Parties](https://nziac.com/confidentiality-agreement-mediation/) - [et_pb_section fb_built="1" admin_label="section" _builder_version="4.16" global_colors_info="{}"][et_pb_row admin_label="Row" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" custom_padding="1px|0px|32px|0px" global_colors_info="{}" column_structure="2_3,1_3"][et_pb_column type="2_3" _builder_version="4.16" custom_padding="|||" global_colors_info="{}" custom_padding__hover="|||"][et_pb_text admin_label="Confidentiality Agreement" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" use_border_color="off" border_color="#ffffff" border_style="solid" global_colors_info="{}"]CONFIDENTIALITY AGREEMENT FOR NON-PARTIES I have read and understand that I am bound by Rules 7.2 - 7.6 of the NZIAC Mediation Rules. I understand that by being
- [Arb-Med Agreement](https://nziac.com/arb-med-agreement/) - [et_pb_section fb_built="1" admin_label="section" _builder_version="4.16" global_colors_info="{}"][et_pb_row column_structure="2_3,1_3" admin_label="Row" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" custom_padding="1px|0px|32px|0px" global_colors_info="{}"][et_pb_column type="2_3" _builder_version="4.16" custom_padding="|||" global_colors_info="{}" custom_padding__hover="|||"][et_pb_text admin_label="Arb-Med Agreement" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" use_border_color="off" border_color="#ffffff" border_style="solid" global_colors_info="{}"]ARB-MED AGREEMENT By an Agreement Dated this day of (month) (year) BETWEEN: Claimant AND Respondent Together, the Parties The Claimant and the Respondent are parties to
- [Guidelines for Expert Evidence](https://nziac.com/guidelines-expert-evidence/) - [et_pb_section fb_built="1" admin_label="section" _builder_version="4.16" global_colors_info="{}"][et_pb_row admin_label="Row" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" custom_padding="1px|0px|32px|0px" global_colors_info="{}" column_structure="2_3,1_3"][et_pb_column type="2_3" _builder_version="4.16" custom_padding="|||" global_colors_info="{}" custom_padding__hover="|||"][et_pb_text admin_label="Text" _builder_version="3.0.87" background_size="initial" background_position="top_left" background_repeat="repeat" use_border_color="off" border_color="#ffffff" border_style="solid" global_module="3193" saved_tabs="all" global_colors_info="{}"]GUIDELINES FOR EXPERT EVIDENCE These Guidelines are intended to assist experts, Parties, and their Representatives, to understand experts’ obligations and NZIAC’s requirements in relation to the preparation
- [Arbitration Agreement](https://nziac.com/arbitration-agreement/) - [et_pb_section fb_built="1" admin_label="section" _builder_version="4.16" global_colors_info="{}"][et_pb_row column_structure="2_3,1_3" admin_label="Row" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" custom_padding="1px|0px|32px|0px" global_colors_info="{}"][et_pb_column type="2_3" _builder_version="4.16" custom_padding="|||" global_colors_info="{}" custom_padding__hover="|||"][et_pb_text admin_label="Arbitration Agreement" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" use_border_color="off" border_color="#ffffff" border_style="solid" global_colors_info="{}"]ARBITRATION AGREEMENT By an Agreement Dated this day of (month) (year) BETWEEN: Claimant AND Respondent Together, the Parties The Parties are parties to (define legal relationship):
- [Agreement to act as Arbitral Secretary](https://nziac.com/agreement-act-arbitral-secretary/) - [et_pb_section fb_built="1" admin_label="section" _builder_version="4.16" global_colors_info="{}"][et_pb_row admin_label="Row" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" custom_padding="1px|0px|32px|0px" global_colors_info="{}" column_structure="2_3,1_3"][et_pb_column type="2_3" _builder_version="4.16" custom_padding="|||" global_colors_info="{}" custom_padding__hover="|||"][et_pb_text admin_label="Agreement to act as Arbitral Secretary" _builder_version="4.16" background_size="initial" background_position="top_left" background_repeat="repeat" use_border_color="off" border_color="#ffffff" border_style="solid" global_colors_info="{}"]AGREEMENT TO ACT AS ARBITRAL SECRETARY AND STATEMENT OF AVAILABILITY, INDEPENDENCE, AND IMPARTIALITY Case No: The Arbitral Tribunal has proposed that I,
- [ReSolution Issue 34](https://nziac.com/resolution-issue-34/) - [et_pb_section fb_built="1" admin_label="section" _builder_version="3.22.3" global_colors_info="{}"][et_pb_row column_structure="3_4,1_4" _builder_version="4.9.0" _module_preset="default" custom_padding="||0px|||" global_colors_info="{}"][et_pb_column type="3_4" _builder_version="4.9.0" _module_preset="default" global_colors_info="{}"][et_pb_text admin_label="Summary" _builder_version="4.14.8" background_size="initial" background_position="top_left" background_repeat="repeat" min_height="59px" custom_margin="||11px|||" hover_enabled="0" use_border_color="off" border_color="#ffffff" border_style="solid" global_colors_info="{}" sticky_enabled="0"]ReSolution Issue 34 November 2022 [/et_pb_text][/et_pb_column][et_pb_column type="1_4" _builder_version="4.9.0" _module_preset="default" global_colors_info="{}"][et_pb_social_media_follow url_new_window="off" admin_label="Social Media Follow" _builder_version="3.0.87" link_shape="rounded_rectangle" global_module="5333" saved_tabs="all" global_colors_info="{}"][et_pb_social_media_follow_network social_network="facebook" url="https://www.facebook.com/nziac" _builder_version="3.0.74" background_color="#3b5998" bg_color="#3b5998" global_colors_info="{}" follow_button="off" url_new_window="off"] Facebook [/et_pb_social_media_follow_network][et_pb_social_media_follow_network
- [Notice of Mediation](https://nziac.com/notice-of-mediation/) - [et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”3.22.3″][et_pb_row custom_padding=”1px|0px|32px|0px” admin_label=”Row” _builder_version=”3.22.3″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”2_3″ _builder_version=”3.0.47″][et_pb_text admin_label=”Text” _builder_version=”3.0.74″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] Notice of Mediation Before completing the Notice of Mediation, please carefully read these guidance notes. IMPORTANT NOTES: This Notice of Mediation is to be used where the Parties to the dispute have previously agreed to refer any dispute
- [Notice of Arbitration](https://nziac.com/notice-of-arbitration/) - [et_pb_section fb_built="1" admin_label="section" _builder_version="3.22.3"][et_pb_row custom_padding="1px|0px|32px|0px" admin_label="Row" _builder_version="3.22.3" background_size="initial" background_position="top_left" background_repeat="repeat"][et_pb_column type="2_3" _builder_version="3.0.47"][et_pb_text admin_label="Text" _builder_version="3.22.6" background_size="initial" background_position="top_left" background_repeat="repeat" use_border_color="off" border_color="#ffffff" border_style="solid"]Notice of Arbitration Before completing the Notice of Arbitration, please carefully read these guidance notes. IMPORTANT NOTES: This Notice of Arbitration is to be used where the Parties to the dispute have previously agreed to refer
- [ReSolution Issue 20](https://nziac.com/resolution/resolution-issue-20/) - [et_pb_section bb_built="1" admin_label="section"][et_pb_row admin_label="row"][et_pb_column type="1_3"][et_pb_text admin_label="Summary" background_layout="light" text_orientation="left" use_border_color="off" border_color="#ffffff" border_style="solid"] ReSolution Issue 20 March 2019 In this issue, we focus on dispute resolution in the field of Intellectual Property. In her article Protecting IP: Arbitration v Litigation, Yoanna Schuch explores the growing use of arbitration in IP disputes; while Mark Kelly explains the benefits
- [Guidelines for Expert Evidence](https://nziac.com/guidelines-expert-evidence/) - [et_pb_section bb_built="1" admin_label="section"][et_pb_row admin_label="Row" custom_padding="1px|0px|32px|0px"][et_pb_column type="2_3"][et_pb_text admin_label="Text" background_layout="light" text_orientation="left" use_border_color="off" border_color="#ffffff" border_style="solid"] GUIDELINES FOR EXPERT EVIDENCE These Guidelines are intended to assist experts, Parties, and their Representatives, to understand experts’ obligations and NZIAC’s requirements in relation to the preparation of reports, Mediation, joint conferences of experts, and the hearing of concurrent evidence in Arb-Med under
- [Notice of Arb-Med](https://nziac.com/notice-arb-med/) - [et_pb_section bb_built="1" admin_label="section"][et_pb_row admin_label="Row" custom_padding="1px|0px|32px|0px"][et_pb_column type="2_3"][et_pb_text admin_label="Text"] Notice of Arb-Med Before completing the Notice of Arb-Med, please carefully read these guidance notes. IMPORTANT NOTES: This Notice of Arb-Med is to be used where the Parties to the dispute have previously agreed to refer any dispute to Arbitration under the NZIAC Arb-Med Rules, typically by way
- [Code of Conduct for Expert Witnesses](https://nziac.com/code-conduct-expert-witnesses/) - [et_pb_section bb_built="1" admin_label="section"][et_pb_row admin_label="Row" custom_padding="1px|0px|32px|0px"][et_pb_column type="2_3"][et_pb_text admin_label="Code of Conduct" background_layout="light" text_orientation="left" use_border_color="off" border_color="#ffffff" border_style="solid" saved_tabs="all" global_module="3200"] CODE OF CONDUCT FOR EXPERT WITNESSES 1.0 APPLICATION OF THE CODE 1.1 This Code of Conduct applies to any expert witness engaged or appointed to give opinion evidence or to provide an expert report for use as evidence
- [Code of Conduct for Expert Witnesses](https://nziac.com/code-conduct-expert-witnesses/) - [et_pb_section bb_built="1" admin_label="section"][et_pb_row admin_label="Row" custom_padding="1px|0px|32px|0px"][et_pb_column type="2_3"][et_pb_text admin_label="Code of Conduct" background_layout="light" text_orientation="left" use_border_color="off" border_color="#ffffff" border_style="solid" saved_tabs="all" global_module="3200"] CODE OF CONDUCT FOR EXPERT WITNESSES 1.0 APPLICATION OF THE CODE 1.1 This Code of Conduct applies to any expert witness engaged or appointed to give opinion evidence or to provide an expert report for use as evidence
- [Mediation Agreement](https://nziac.com/mediation-agreement/) - [et_pb_section bb_built="1" admin_label="section"][et_pb_row admin_label="Row" custom_padding="1px|0px|32px|0px"][et_pb_column type="2_3"][et_pb_text admin_label="Appendix 2: Mediation Agreement" background_layout="light" text_orientation="left" use_border_color="off" border_color="#ffffff" border_style="solid" background_image=" "] MEDIATION AGREEMENT By an Agreement Dated this day of (month) (year) BETWEEN: First Party AND Second Party Together, the Parties The Parties are parties to (define legal relationship): Entered into on or about (enter
- [Supplemental Agreement to appeal to AMINZ Arbitration Appeal Tribunal from Award made under NZIAC Arbitration Rules](https://nziac.com/supplemental-agreement-appeal-aminz-arbitration-appeal-tribunal-award-made-nziac-arbitration-rules/) - [et_pb_section bb_built="1" admin_label="section"][et_pb_row admin_label="Row" custom_padding="1px|0px|32px|0px"][et_pb_column type="2_3"][et_pb_text admin_label="Supplemental Agreement" background_layout="light" text_orientation="left" use_border_color="off" border_color="#ffffff" border_style="solid"] SUPPLEMENTAL AGREEMENT TO APPEAL TO AMINZ ARBITRATION APPEAL TRIBUNAL FROM AWARD MADE UNDER NZIAC ARBITRATION RULES 1. The Parties hereby exclude all rights under Clause 5 of the Second Schedule to the Arbitration Act 1996 (the Act) to appeal to the
- [Resolution Issue 11 page](https://nziac.com/resolution/resolution-issue-11-page/) - [et_pb_section bb_built="1" admin_label="section"][et_pb_row admin_label="row"][et_pb_column type="1_3"][et_pb_text admin_label="Summary" background_layout="light" text_orientation="left" use_border_color="off" border_color="#ffffff" border_style="solid"] ReSolution Issue 11 November 2016 In this issue, we feature the topical issues of ‘third-party funding’ and ‘investment treaty arbitration’. We also look at expert determination, child inclusive mediation, whether indemnity costs should be the default position for unsuccessfully attempting to resist enforcement of

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## Guides and Resources

- [Arbitration Agreement](https://nziac.com/guides-and-resources/arbitration-agreement/) - Understand arbitration agreements and how to include them in contracts. Learn more and secure your arbitration rights now.
- [Mediation Agreement](https://nziac.com/guides-and-resources/mediation-agreement/) - Understand key elements of a mediation agreement with our guide. Access templates and start drafting your mediation agreement confidently today.
- [Notice of Arbitration](https://nziac.com/guides-and-resources/notice-of-arbitration/) - Find clear notice of arbitration instructions and templates. Download your form today to start your arbitration process easily.
- [Notice of Mediation](https://nziac.com/guides-and-resources/notice-of-mediation/) - Notice of Mediation Before completing the Notice of Mediation, please carefully read these guidance notes. IMPORTANT NOTES: This Notice of Mediation is to be used where the Parties to the dispute have previously agreed to refer any dispute to Mediation under the NZIAC Mediation Rules, typically by way of inclusion of the NZIAC Mediation Model Clause in their
- [Agreement to Act as Arbitral Secretary](https://nziac.com/guides-and-resources/agreement-to-act-as-arbitral-secretary/) - AGREEMENT TO ACT AS ARBITRAL SECRETARY AND STATEMENT OF AVAILABILITY, INDEPENDENCE, AND IMPARTIALITY Case No: The Arbitral Tribunal has proposed that I, be appointed to act as Arbitral Secretary in this matter. I confirm that: (a) I have been informed by the Arbitral Tribunal as to the names of the Parties and their Representatives
- [Notice of Arb-Med](https://nziac.com/guides-and-resources/notice-of-arb-med/) - Guide to completing the Notice of Arb-Med Before completing the Notice of Arb-Med on the following pages, please carefully read these guidance notes. IMPORTANT NOTES: This Notice of Arb-Med is to be used where the Parties to the dispute have previously agreed to refer any dispute to Arbitration under the NZIAC Arb-Med Rules, typically by way
- [Supplemental agreement to appeal to AMINZ Arbitration appeal tribunal from award made under NZIAC Arbitration rules](https://nziac.com/guides-and-resources/supplemental-agreement-to-appeal-to-aminz-arbitration-appeal-tribunal-from-award-made-under-nziac-arbitration-rules/) - Supplemental agreement to appeal to AMINZ Arbitration appeal tribunal from award made under NZIAC Arbitration rules 1. The Parties hereby exclude all rights under Clause 5 of the Second Schedule to the Arbitration Act 1996 (the Act) to appeal to the High Court from any Award made under the NZIAC Arbitration Rules, including any Award or
- [NZIAC Arbitration Rules: A comparison](https://nziac.com/guides-and-resources/nziac-arbitration-rules-a-comparison/) - NZIAC Arbitration Rules: A comparison The table below provides a brief summary of the key features and differences between the NZIAC arbitration processes available. To access more detail on the NZIAC suites of arbitration rules, click here. Which Rules by default?Claims greater than or equal to NZ$5MClaims less than NZ$500,000, or for declaratory relief onlyClaims greater
- [Guidelines for Expert Evidence](https://nziac.com/guides-and-resources/guidelines-for-expert-evidence/) - Guidelines for Expert Evidence These Guidelines are intended to assist experts, Parties, and their Representatives, to understand experts’ obligations and NZIAC’s requirements in relation to the preparation of reports, joint conferences of experts, and the hearing of concurrent evidence in Arbitration under these Rules. 1.0 The expert report 1.1 NZIAC wishes to ensure that experts understand
- [Confidentiality Agreement for Non-Parties (Arbitration)](https://nziac.com/guides-and-resources/confidentiality-agreement-for-non-parties-arbitration/) - Confidentiality Agreement for Non-Parties (Arbitration) I have read and understand that I am bound by Rules 38.2-38.7 of the NZIAC Arbitration Rules. I understand that by being involved in, or being privy to, NZIAC Arbitration, I am bound by these Rules. I understand that I am not to disclose any information obtained in the course
- [Confidentiality Agreement for Non-Parties (Arb-Med)](https://nziac.com/guides-and-resources/confidentiality-agreement-for-non-parties-arb-med/) - Confidentiality Agreement for Non-Parties (Arb-Med) I have read and understand that I am bound by Rules 30.2-30.7 of the NZIAC Arb-Med Rules. I understand that by being involved in, or being privy to, NZIAC Arb-Med, I am bound by these Rules. I understand that I am not to disclose any information obtained in the course
- [Code of Conduct for Expert Witnesses](https://nziac.com/guides-and-resources/code-of-conduct-for-expert-witnesses/) - Code of Conduct for Expert Witnesses 1.0 Application of the code 1.1 This Code of Conduct applies to any expert witness engaged or appointed to give opinion evidence or to provide an expert report for use as evidence in Arbitration under these Rules. 2.0 General duty to the arbitral tribunal 2.1 An expert witness has
- [Arb-Med Agreement](https://nziac.com/guides-and-resources/arb-med-agreement/) - Arb-med agreement By an Agreement Dated thisDay of(month)(year) BETWEEN Claimant AND Respondent Together, the Parties The Parties are parties to: Define legal relationship Entered into on or about: Enter date For, or in relation to: Enter detail The Claimant and the Respondent have agreed that [all matters in dispute between them / the matters in dispute
- [Confidentiality Agreement for Non-Parties (Mediation)](https://nziac.com/guides-and-resources/confidentiality-agreement-for-non-parties-mediation/) - Confidentiality Agreement for Non-Parties (Mediation) I have read and understand that I am bound by Rules 7.2 – 7.6 of the NZIAC Mediation Rules. I understand that by being involved in, or being privy to, NZIAC Mediation, I am bound by these Rules. I understand that I am not to disclose any information obtained in

## ReSolution

- [ReSolution Issue 47](https://nziac.com/resolution/resolution-issue-47/) - From Editor Feature article: Upholding the contractual bargain ReSolution in Brief International Arbitration: English Commercial Court Refuses to Grant Anti-Suit Injunction to Stop Russian Foreclosure Proceedings Case in Brief: A genuine intention to arbitrate? Hong Kong Court of First Instance considers arbitration clause in debt dispute. English Commercial Court finds that ICSID and ECT awards
- [ReSolution Issue 46](https://nziac.com/resolution/resolution-issue-46/) - Feature Article: Arbitrating gas supply disputes ReSolution in Brief Hong Kong courts declined to restrain Cayman winding-up proceedings despite arbitration clause Singapore: Anti-suit injunctions and sovereign immunity — injuncting a state-related entity Case in Brief: Shareholder dispute: High Court declines to set aside arbitral award Non-participant in GAFTA arbitration bringing post-award challenge not subject to
- [ReSolution Issue 45](https://nziac.com/resolution/resolution-issue-45/) - From the Editor Feature Article: Treaty Terms Matter ReSolution in Brief Three Decades of Progress: A Transnational Reflection on the Evolution of Arbitration The Courtroom Algorithm: Why AI Cannot Replace Judges, Arbitrators and Other ADR Practitioners AI Transforming Legal Practice: Highlights from GAITC 2025 Law & AI Forum Case in Brief: Costs, Consent, and the
- [ReSolution Issue 44](https://nziac.com/resolution/resolution-issue-44/) - From the Editor Feature Article: Live in the Moment ReSolution in Brief Singapore Court of Appeal rules on nonparticipating parties raising Infra Petita Challenges to an Arbitral Award When Arbitration goes off-course: Lessons from Mare Nova Inc v Zhangjiagang Jiushun Ship Engineering Case in Brief: “Careful and reasonable”: High Court finds New Zealand Dispute Resolution
- [ReSolution Issue 43](https://nziac.com/resolution/resolution-issue-43/) - From the editor Feature Article: The problem of ‘noise’ in decision-making ReSolution in Brief Shanghai International Commercial Court Established A Bugsby’s life – Arbitration or Alternative Dispute Resolution? Case in Brief: Sloppy arbitration clause fine, but Hong Kong Court of First Instance takes issue with party’s delay. Couple ordered to complete the purchase of two
- [ReSolution Issue 14](https://nziac.com/resolution/resolution-issue-14/) - Another instance in which parties are held to pre-agreed dispute resolution Apology legislation passed in Hong Kong – what does it mean for you? Green light for third-party funding for international arbitration in Asia Hong Kong High Court appoints receivers as interim measure in support of arbitration proceedings in Mainland China Proceedings not abuse of
- [ReSolution Issue 16](https://nziac.com/resolution/resolution-issue-16/) - Singapore High Court Dismisses Stay Applications on basis of repudiatory breach of Med-Arb agreements Snapping the olive branch: when expert determination clauses go wrong Proposed amendments to the Thai Arbitration Act Courts re-affirm their pro-arbitration stance Stinging judicial criticism, loss of confidence and errors of law not sufficient to set aside an award Case in
- [ReSolution Issue 8](https://nziac.com/resolution/resolution-issue-8/) - Avoiding unenforceable penalty clause Where is the voice of the child in FDR? Professional negligence: professionals’ continuing duty of care Do you want your mediator evaluative and are more inter-party meetings in mediation a good idea? Ut res magis valeat quam pereat and reconciling litigation and arbitration clauses in contract Singapore Court of Appeal Rules
- [ReSolution Issue 38](https://nziac.com/resolution/resolution-issue-38/) - From the Editor ReSolution in Brief It’s time Clubs, societies, and arbitration: the Incorporated Societies Act 2022 London calling FamilyMart Privy Council decision Going for gold Case in Brief: Notice of arbitration – make it valid or the award will not stand English court retains power to award costs after arbitration challenge dismissed What’s the
- [ReSolution Issue 36](https://nziac.com/resolution/resolution-issue-36/) - From the Editor ReSolution in Brief Federal Court of Australia enforces foreign arbitral award of $40 million Not even the first bite Mediate or arbitrate? An Orthodox operation of religious arbitration English High Court finds that assignment of arbitration clause by operation of law prohibited by anti-assignment clause Case in Brief: How much of a
- [ReSolution Issue 9](https://nziac.com/resolution/resolution-issue-9/) - The Trans-Pacific Partnership Agreement – How Parties will Resolve Disputes Protection of Admissions in Settlement Discussions Hong Kong Court Awards Indemnity Costs against Party Initiating Court Action in Breach of Arbitration Agreement Should Mediation be the First Step in all Family Law Act Proceedings (article Summary of Judge Harman’s article) and NZ21 Freezing Orders can
- [ReSolution Issue 25](https://nziac.com/resolution/resolution-issue-25/) - Government confirms intention to introduce arbitration scheme for commercial COVID-19 rent disputes Honey Bees: Supreme Court judgment creates a buzz around the penalty doctrine Achieving justice during a global pandemic Use of mediation under the new Trusts Act 2019 Case in Brief: AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) Singapore Court of
- [ReSolution Issue 42](https://nziac.com/resolution/resolution-issue-42/) - From the editor ReSolution in Brief Trust in Mediation They have a hopeless case, so why won’t they settle? It’s a lot easier than getting blood out of a stone – using payment claims and adjudication under the Construction Contracts Act to get paid Shifting the focus: New Zealand High Court adjusts the lens in
- [ReSolution Issue 41](https://nziac.com/resolution/resolution-issue-41/) - From Editor ReSolution in Brief HAL in hot water A difference of opinion Ontario Court of Appeal Clarifies the Bounds of ‘Constructive Fraud’ in Arbitration Awards Court found arbitrator’s jurisdiction could not be resuscitated after delivery of final award even when award was conditional – that parrot is no more! CEO secrets Desire for consistency
- [ReSolution Issue 26](https://nziac.com/resolution/resolution-issue-26/) - Mutli-tiered dispute resolution clauses: a reminder of the Court of Appeal’s split decision English Supreme Court to decide approach to determining governing law of arbitration agreement Does an arbitration agreement protect a debtor from the threat of liquidation? Case in Brief: High Court finds “without prejudice” statements contained in mediation paper were admissible to defend
- [ReSolution Issue 17](https://nziac.com/resolution/resolution-issue-17/) - Two out of three ain’t bad! Does it matter if a member of an arbitral tribunal does not actively participate? Case in Brief: Double Edition – “Settling at mediation: be careful with the terms” Case in Brief: The Law According to Honey Bees: NZ takes stance on penalty doctrine law Enforcement of Arbitration Agreements against
- [ReSolution Issue 15](https://nziac.com/resolution/resolution-issue-15/) - Settlement Remorse: when will a court set aside mediated consent orders. requirements Reasons for reasons Extending your reach to the invisible parties: to the Arbitration Agreement SC: Employee of a party allowed as “arbitrator” in proceedings initiated prior to 2015 amendment to the arbitration and conciliation act. Trust dispute no bar to arbitration Case in
- [ReSolution Issue 13](https://nziac.com/resolution/resolution-issue-13/) - Arbitration: when a final award is not final Neutral Evaluation Revisited Therapeutic Jurisprudence: what is it? Will it hurt? Arbitration Amendment Bill High Court dismisses application to remove arbitrators Important Second Circuit Decision on Enforcement of International Arbitration Awards Whose role is it anyway? Who has jurisdiction over contractual pre-conditions to arbitration? Case in Brief:
- [ReSolution Issue 18](https://nziac.com/resolution/resolution-issue-18/) - Arbitration Amendment Bill: is Trust Arbitration on its way? Case in Brief: Haliburton Company v Chubb Bermuda Insurance Ltd and Others [2018] EWCA Civ 817 – “Arbitrators can be appointed in overlapping arbitrations but they must be mindful of their duties to disclose” A Fresh approach to relationship property disputes: ARB-MED Luxury superyacht arbitration relaunched following
- [ReSolution Issue 19](https://nziac.com/resolution/resolution-issue-19/) - Should One-Size Fit All? Participating, Non-Participating and Boycotting Parties under Proposed Article 16(4) Case in Brief: Dreymoor Fertilisers Overseas Pte Ltd v Eurochem Trading GMBH[2018] EWHC 909 (Comm) – “Dispute Resolution Clauses: A Song of (Dis)Harmony The High Standards of the Court of Arbitration for Art Mediation Power Imbalances: Weighing the Arguments The Scope of
- [ReSolution Issue 21](https://nziac.com/resolution/resolution-issue-21/) - Conferring Exclusive Jurisdiction on Experts in Rent Review Disputes Court Grants Access to Documents for Use in Arbitral Disciplinary Proceedings Case in Brief: English High Court Recognises Arbitral Tribunal’s Jurisdiction over Settlement Agreement in Absence of Express Arbitration: Sonact Group Limited v. Premuda SPA [2018] No ‘Piggybacking’ to Avoid B2B Arbitration: Supreme Court of Canada
- [ReSolution Issue 23](https://nziac.com/resolution/resolution-issue-23/) - Avoiding Conflict and improving Dispute resolution for IT Projects Ten years in a leaky boat – lucky just to keep afloat Court confirms arbitral tribunal’s construction of an arbitration agreement as to the correct seat of the arbitration Case in Brief: Court holds Early Neutral Evaluation can be ordered without party consent: Lomax v Lomax
- [ReSolution Issue 24](https://nziac.com/resolution/resolution-issue-24/) - The dangers of defective dispute resolution clauses Cour de Cassation upholds decision to set aside an award following an arbitrator’s non-disclosure Using mediation as a business tool – Part 1 Singapore Court of Appeal confirms that the parties’ intention to arbitrate should not be given effect ‘at all costs’ Case in Brief: The extent of
- [ReSolution Issue 22](https://nziac.com/resolution/resolution-issue-22/) - Commercial Landlord and Tenant Disputes: Three Reasons Why Arbitration is so Popular Mercosur and the European Union Agree Historic and Ambitious Trade Agreement Case in Brief: English Court Allows Section 69 Appeal on Point of Law Against Award Issued by Judge Arbitrator Clause: Equitas Insurance Limited v Municipal Mutual Insurance Limited [2019] Tribunal Opens for
- [ReSolution Issue 10](https://nziac.com/resolution/resolution-issue-10/) - Arbitral tribunal issues landmark decision in the South China Sea case Arbitration: Reasonable opportunity to present case Fair Play – Bias in Arbitration and Adjudication Apparent Judicial Bias – a hard argument to win? English High Court refuses to determine the existence of a disputed arbitration clause prior to the commencement of arbitration proceedings CASE
- [ReSolution Issue 11](https://nziac.com/resolution/resolution-issue-11/) - Navigating the Minefield of Expert Determination Child Inclusion Practices Chief Justice Leaves a Door Open on Indemnity Costs Third-Party Funding: a New Chapter in Hong Kong & Singapore Case in Brief: Sino Channel Asia Ld v Dana Shipping and Trading Pte Singapore English High Court Allows Recovery of Third-party Funding Costs in ICC Arbitration Proceedings
- [ReSolution Issue 12](https://nziac.com/resolution/resolution-issue-12/) - Expert determination: High Court takes a wine tour What I learned from studying neuroscience about the future of mediation ICC Report on Financial Institutions and Arbitration will be of interest to banks and financial institutions throughout Asia-Pacific Agreeing to disagree: default arbitral appointments Case in Brief: Astro v Lippo Australia: Litigation funding in international arbitration: recovering
- [ReSolution Issue 28](https://nziac.com/resolution/resolution-issue-28/) - English Court applies the principles of Halliburton on arbitration bias and the confidentiality of arbitration claims Case in Brief: Equitable compensation allowed for breach of arbitration clause by a third party High Court finds arbitration is not the appropriate forum to determine whakapapa What are the cost implications of challenging an arbitral award through the courts? Limits
- [ReSolution Issue 29](https://nziac.com/resolution/resolution-issue-29/) - All’s fair in football and arbitration Court sees through layers of lipstick and linguistic camouflage in audacious application to set aside arbitral award Case in Brief: Supreme clarity – digging into the Bathurst decision The Lugano Clock has stalled: what now for dispute resolution clauses? Post-mediation head of agreement does not provide pathway to binding settlement
- [ReSolution Issue 30](https://nziac.com/resolution/resolution-issue-30/) - ReSolution In Brief Enforcement of foreign arbitration awards in Australia – lessons from the Hub Street appeal The house doesn’t always win Case in Brief: English High Court confirms that parties are not permitted to raise new counterclaims at enforcementstage of a New York convention award Related parties involved in fraud and bribery are taught
- [ReSolution Issue 35](https://nziac.com/resolution/resolution-issue-35/) - From the Editor ReSolution in Brief Gas dispute to be aired in arbitration Where do directors’ duties lie once insolvency looms? Please release me: Court of Appeal clarifies how the scope of a settlement agreement will be construed Is a party required to accept non-contractual performance during a force majeure event? Case in Brief –
- [ReSolution Issue 40](https://nziac.com/resolution/resolution-issue-40/) - From the Editor ReSolution in Brief The Arbitration Job It’s not rocket science! IBA publishes updated guidelines on conflicts of interest in arbitration Case in Brief: Newcomer arbitrator put under lights in case of apparent bias Arbitration – different standards applicable than the courts but more than just ‘suits’ settling disputes Challenges to arbitral award
- [ReSolution Issue 39](https://nziac.com/resolution/resolution-issue-39/) - From the Editor ReSolution in Brief Knot a good idea Bahaman courts further affirm arbitration of trust disputes General Assembly of the Dubai Court of Cassation has provided needed clarity regarding the validity of arbitration agreements Case in Brief: What is the implication of becoming a Contracting State to the New York Convention? US $11
- [ReSolution Issue 32](https://nziac.com/resolution/resolution-issue-32/) - From the Editor ReSolution in Brief All dressed up but nowhere to go: Recognition but no enforcement of ICSID awards The nuts and bolts of appealing an arbitral award when you need the Court’s leave Fruit of collusion: Hong Kong Court sets aside an enforcement order for a Mainland award Case in Brief: Hong Kong
- [ReSolution Issue 33](https://nziac.com/resolution/resolution-issue-33/) - From the Editor ReSolution in Brief Falling foul of “normal” business practice: are arrangements based on “cultural factors” really that unusual in New Zealand today? Motivations, Influence & Mutual Value: What Nixon’s Dog Can Teach Us About Negotiating Performance The United States Supreme Court Restricts Discovery for International Arbitrations Arbitral award set aside for ‘glaringly
- [ReSolution Issue 27](https://nziac.com/resolution/resolution-issue-27/) - Transparency International: New Zealand’s perception is its reality Rules against penalties Alternative Dispute Resolution under the Trusts Act 2019 – missing in action? Case in Brief: Preston v Preston It pays to check: US$54 million error a “simple” mistake Witness-Gating: Arbitrator’s denial of witness evidence at hearing deemed breach of natural justice in Singapore Third party
- [ReSolution Issue 34](https://nziac.com/resolution/resolution-issue-34/) - From the EditorReSolution in BriefNZ High Court orders former spouses to ADRNZDRC launches Contractual Adjudication serviceLessons from the Frontline where Negotiation is Life or DeathWhen can an arbitrator voluntarily resign and what are the implications for the arbitration?Case in BriefBusting ghostwriters – expert witnesses beware!What does the Inaugural Aotearoa New Zealand Arbitration Survey reveal about
- [ReSolution Issue 37](https://nziac.com/resolution/resolution-issue-37/) - From the Editor ReSolution in Brief As easy as one, two, three Harman obligation released for documents from mining arbitration Singapore International Commercial Court sets out test for the production of confidential arbitral deliberations Serious irregularity standard in arbitration Case in Brief: Leave for second appeal declined in lease dispute arbitration Let me hear your
- [ReSolution Issue 31](https://nziac.com/resolution/resolution-issue-31/) - From the EditorReSolution in BriefDifferent dispute resolution clauses in related contracts. Which one prevails?Sign of the times: enforcing an arbitration agreement exchanged by electronic counterpartsCase in Brief: Court thwarts bad faith attempt to lift veil of confidentiality of international arbitration awardNew Zealand still rated as global leader for public sector honesty and integrityCourt of Appeal
- [ReSolution Issue 20](https://nziac.com/resolution/resolution-issue-20/) - In this issue, we focus on dispute resolution in the field of Intellectual Property. In her article Protecting IP: Arbitration v Litigation, Yoanna Schuch explores the growing use of arbitration in IP disputes; while Mark Kelly explains the benefits of ADR for IP disputes in his article Intellectual Property and Alternative Dispute Resolution. We also

## Profiles

- [Hon. Sir John Hansen](https://nziac.com/people/hon-sir-john-hansen/) - University: Bachelor of Laws, University of Otago, 4th May 1968. Professional Qualifications: Solicitor of the Supreme Court of New Zealand Barrister of the Supreme Court of New Zealand Barrister and Solicitor, Supreme Court of Western Australia (16 August, 1985). LEADR Advanced Mediation Course. 1966 Clerk, Collier & Taylor, Barristers & Solicitors, Dunedin, New Zealand 1967
- [Hon. Sir Hugh Williams KC](https://nziac.com/people/hon-sir-hugh-williams-kc/) - Justice Hugh Williams served as a Master (now Associate Judge) of the High Court from 1989 to 1993. He was appointed a Judge of the High Court in 1995 and served as Senior Puisne Judge 2008-2009. During that period he also served as Acting Chief High Court Judge. He has been a Commercial List Judge
- [Hon. Rodney Hansen KC](https://nziac.com/people/hon-rodney-hansen-kc/) - Rodney completed his LLB (Hons) degree at the University of Auckland, receiving the Auckland Law Society Prize for the best undergraduate record. He also qualified as an accountant, becoming an Associate Chartered Accountant in 1969. From 1973 to 1991 he practised with Simpson Grierson and predecessor firms. He joined Shortland Chambers as a barrister sole
- [Hon. Paul Heath KC](https://nziac.com/people/hon-paul-heath-kc/) - The Hon Paul Heath KC’s principal areas of expertise are dispute resolution, (primarily arbitration), commercial law, company law, insolvency law, equity, trusts and legal issues affecting Māori. He studied law at the University of Auckland, graduating LLB in 1978, and was admitted to the Bar later that year. During his time in practice, he appeared
- [Hon. David Byrne KC](https://nziac.com/people/hon-david-byrne-kc/) - 1963 Admitted to practise as Barrister and Solicitor of Supreme Court of Victoria. 1965 Signed the Victorian Bar Roll. 1971-1973 Acting Chairman Town and Country Planning Appeals Tribunal. Member of Board of Examiners, Legal Professional Practice Act 1958. 23 Sept 1973 Admitted to practise as a barrister in New South Wales and subsequently in the
- [Graeme Christie](https://nziac.com/people/graeme-christie/) - Graeme is a construction law partner in the commercial litigation group. He acts for national and international clients on all forms of dispute resolution. He conducts arbitrations, and regularly appears in the High Court and Court of Appeal. He has also appeared in the Fijian Court of Appeal and the Court of Appeal for the
- [Hon. Raynor Asher KC](https://nziac.com/people/hon-raynor-asher-kc/) - Raynor practices in the area of alternative dispute resolution and the giving of advice. He specialises in arbitration and mediation. He graduated BA, LLB (Hons) in 1972 and LLM from UC (Berkeley), where he studied as a US Harkness Fellow. He was a partner in the firm now known as Kensington Swan, and in 1986
- [Gordon Smith](https://nziac.com/people/gordon-smith/) - Gordon is an accomplished international commercial disputes lawyer and arbitrator, with an emphasis on engineering, resource, energy, and construction insurance matters throughout Asia-Pacific. He is admitted as a barrister and solicitor in Western Australia, and was an English admitted solicitor between 2002 and 2012. In 2022 he was the recipient of the Australian Arbitrator of
- [Dr Anna Kirk](https://nziac.com/people/dr-anna-kirk/) - Anna is a barrister at Bankside Chambers. She has extensive experience in international commercial and investment arbitration, having practised in arbitration exclusively for more than a decade. She has been involved in many ad hoc arbitrations, as well as arbitrations under the ICC, LCIA, SIAC and ICSID arbitration rules. Anna is a specialist in commercial
- [Catherine Green](https://nziac.com/people/catherine-green/) - Catherin has her own private practice as an arbitrator, adjudicator, and mediator taking appointments with respect to both commercial and construction disputes. She is also the Executive Director of the New Zealand International Arbitration Centre (NZIAC) as well as its related domestic registry services which cover a full spectrum of commercial, building and construction, and
- [George Golvan KC](https://nziac.com/people/george-golvan-kc/) - George H. Golvan is a King’s Counsel who holds degrees in law and jurisprudence from Monash University, Melbourne, and the degree of Juris Doctor (J.D.) from Arizona State University, (USA). Mr. Golvan practises in the areas of Building and Construction Law, Commercial Arbitration, Commercial Tenancy, Banking and Insurance, and General Commercial and Corporate Law. Mr.
- [Graeme Little SC](https://nziac.com/people/graeme-little-sc/) - In over 44 years as a barrister Graeme has appeared in a large number of cases in areas as diverse as franchise agreements, community titles existing within the Torrens title system, misrepresentation on the sale of businesses, actions between financial services providers and the Financial Ombudsman Service, claims for prerogative relief in the Superior Courts
- [Daniel Meltz AM](https://nziac.com/people/daniel-meltz-am/) - Daniel Meltz is a Sydney-based barrister with over 20 years of experience in international commercial arbitration having previously worked in leading international arbitration practices in London and Zurich. Mr Meltz has expertise in building and construction disputes, the energy sector and general commercial matters and has appeared as counsel in arbitrations under most institutional rules.
- [David Levin KC](https://nziac.com/people/david-levin-kc/) - David Levin KC is a member of the Victorian Bar, having obtained his university degree at Cambridge and practised as a barrister there until 1977. He has been a barrister for more than 35 years and a QC for more than a decade. He practices generally in the construction area and has been involved in
- [Syed Mustafa Mahdi](https://nziac.com/people/syed-mustafa-mahdi/) - Syed Mustafa Mahdi is a common law qualified lawyer and practising as a Registered Foreign Lawyer (England & Wales) and as an Advocate before the High Court(s) of Pakistan. Syed has substantial legal experience and has acted in disputes arising out of areas in aviation, shipping, customs, construction, arbitration (domestic & international), financial markets, and
- [Prof John Sharkey AM](https://nziac.com/people/prof-john-sharkey-am/) - Professor John Sharkey AM is an independent arbitrator and mediator both domestically and internationally. John is a Professorial Fellow of the University of Melbourne, and the former chair of the Law Council of Australia’s Construction Law Committee. John was made a member of the Order of Australia in 2006. In 2010 John was the inaugural
- [Rosemary Jackson KC](https://nziac.com/people/rosemary-jackson-kc/) - Rosemary Jackson is in full-time practice as a Mediator and Conciliator. This follows a successful practice at the Construction Bar from 1983, when she joined Keating Chambers as the first female specialist building counsel at the English Bar, until October 2014. Up to January 2018 Rosemary also accepted appointments as an Adjudicator and Arbitrator. Rosemary
- [Derek Firth Mnzm](https://nziac.com/people/derek-firth-mnzm/) - Head of the Energy and Construction Law Department at Simpson Grierson until 1995; then practicing as a commercial barrister as an arbitrator and adjudicator, principally dealing with construction disputes. Also engaged as an independent advisor to the Engineer to the Contract on a number of projects; and as the sole Dispute Board in World Bank
- [Christopher Chinn](https://nziac.com/people/christopher-chinn/) - Born and raised in Honolulu, Hawai’i, Christopher Chinn, FCIArb, is an arbitrator and counsel admitted in Paris, England & Wales, and New York. Christopher has been involved as counsel in international arbitrations at leading law firms in New York and Paris since 1999 and has acted as arbitrator since 2019 under the rules of the
- [John Carter](https://nziac.com/people/john-carter/) - John completed his LLB (Hons) degree in 1967 and within a year was a partner of McElroy Duncan & Preddle. In the 1980s that firm merged with four other firms to create McElroy Milne and then McElroy Morrison. John was Managing Partner of McElroy Milne for 4 years in total and served on the executive
- [Ian Nosworthy](https://nziac.com/people/ian-nosworthy/) - Ian Nosworthy is an experienced barrister, arbitrator and mediator from South Australia, who practices nationally and internationally in litigation, arbitration and mediation, particularly in construction, engineering, commercial and insurance disputes. He is a past President of IAMA of which he is a Life Fellow. He is a grade one arbitrator and a Nationally Accredited Mediator,
- [John Larmer](https://nziac.com/people/john-larmer/) - An arbitrator, conciliator and mediator with rural specialization being a registered valuer and primary industry consultant with over 40 years experience. Established the firm of Larmers in 1973 and merged with the national TelferYoung Group in 2000. Following 10 years with TelferYoung set up in independent practice again in April 2010 being sole director of
- [Alan Wein](https://nziac.com/people/alan-wein/) - Alan Wein is a lawyer, expert mediator and business entrepreneur. He was the co-founder and 50% owner in the House franchise concept of homeware stores that operated throughout Australia. Alan sold his interest in the company in 2000. Alan was Chair of the first ever Ministerial Small Business Advisory Council in Victoria. He was also
- [Gerard Doolin](https://nziac.com/people/gerard-doolin/) - Gerard is a New Zealand-qualified lawyer and accredited mediator. Since 2000, Gerard has worked as a senior advisor, focussing on the development, provision, use of and management of software and services engagements. Before establishing his specialised service offering, Be Amorgos IT Contractual Services, he worked from 2000 to 2016 for global IT consultancy groups (including
- [Phillip Greenham](https://nziac.com/people/phillip-greenham/) - Phillip is recognised by a wide variety of eminent institutions, publications, and colleagues as one of Australia’s foremost construction lawyers. His 34 years of experience has covered commercial work, dispute work and contract administration work. Phillip was a partner at the leading Australian law firm Minter Ellison for 27 years and headed the Melbourne Construction,
- [Khory Mccormick](https://nziac.com/people/khory-mccormick/) - With key roles across a range of alternative/appropriate dispute resolution bodies and with sector recognised expertise confirmed by independent publications Khory McCormick is a recognised market leader in the field of dispute and conflict resolution in the Australasian market and beyond. In 2018 Khory has focused on his regional and target market(s) presence in the area
- [Jeremy Johnson](https://nziac.com/people/jeremy-johnson/) - Jeremy is a Partner at Wynn Williams and is an experienced litigator and dispute resolution specialist. He has particular expertise in arbitration, commercial, insolvency, equity and trust law. Jeremy has offices in both Christchurch and Auckland. Jeremy is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand for Arbitration; he is the youngest
- [Peter Megens](https://nziac.com/people/peter-megens/) - Peter Megens was a Partner in the Melbourne office of Mallesons Stephen Jaques (now King and Wood Mallesons) where he specialized in construction, dispute resolution, litigation, arbitration and mediation, energy and natural resources, infrastructure and project structuring and in particular international and domestic arbitration. On retiring from that firm he joined the USA firm of
- [Andrew Hazelton](https://nziac.com/people/andrew-hazelton/) - Andrew has over 25 years professional experience in construction and engineering law. He was admitted Barrister & Solicitor of New Zealand High Court in 1995 and a Solicitor Supreme Court of England & Wales 1990. He holds an MSc (Construction Law and Arbitration) from Kings College, London and is a Fellow of AMINZ, being awarded
- [Prof Douglas Jones AO](https://nziac.com/people/prof-douglas-jones-ao/) - Professor Doug Jones AO is a leading independent arbitrator with over 40 years’ prior experience as an international infrastructure and disputes projects lawyer. Acting for owners (in both the government and private sector), financiers, contractors, consultants and subcontractors, Doug has advised extensively on major projects in the areas of project structuring and financing, telecommunications, buildings,
- [Dr Christian W. Konrad](https://nziac.com/people/dr-christian-w-konrad/) - Dr. Konrad is founding partner of the firm Konrad & Partners in Vienna, Austria. He is an Austrian Rechtsanwalt, a Solicitor of England and Wales, and admitted as a Euroadvokat in the Czech and Slovak Republics. His practice focuses on commercial law, public international law, international commercial and investment arbitration, construction and real estate law,
- [Dr Derek Johnston](https://nziac.com/people/dr-derek-johnston/) - Derek Johnston is a highly respected corporate, commercial, competition and securities law specialist. He has significant legal experience in the energy, capital markets, telecommunications and IT, and financial services sectors. Derek is available to serve as an arbitrator in both domestic and international arbitrations. He holds a Diploma in International Commercial Arbitration from the Chartered
- [Royden Hindle](https://nziac.com/people/royden-hindle/) - Royden is an experienced commercial arbitrator, adjudicator and mediator. He was a litigation partner at Simpson Grierson before moving to the bar in 1996. He became an AMINZ Fellow in 2001, and was awarded the Sir Ronald Davison Award for excellence in Award Writing in the 2001 Fellowship Assessment Programme. Between 2002 and 2011 Royden
- [Dr Donald Charrett](https://nziac.com/people/dr-donald-charrett/) - Dr. Donald Charret is a barrister, arbitrator and mediator practising in building and engineering disputes, arbitration/mediation, construction law, commercial law, contract law, insurance law and professional negligence. Named as Best Construction Law Practitioner of Australia 2016 by Business Worldwide magazine, he is a member of Victorian Bar and of the Resolution Institute as a Graded
- [Polly Pope](https://nziac.com/people/polly-pope/) - Polly Pope (LLB(Hons), MIR) is a commercial disputes partner in the Auckland office of Russell McVeagh, with nearly two decades of experience in high stakes commercial disputes. Polly is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand, a member of the Society for Construction Law and a member of the Restructuring, Insolvency and
- [Anthony Willy](https://nziac.com/people/anthony-willy/) - Professional career: 1964-1972; Barrister and Solicitor specialising in commercial litigation. 1972-1985; Barrister sole Christchurch specialising in commercial litigation, and arbitration. Lecturer in law University of Canterbury. Moderator for New Zealand of law papers. 1985-2003; District Court Judge specialising in civil and commercial cases. Judge of The Environment Court. Judge of the Land Valuation Court. Accident
- [Dr Luke Nottage](https://nziac.com/people/dr-luke-nottage/) - Dr Luke Nottage specialises in comparative and transnational business law (especially arbitration and product safety law), with a particular interest in Japan and the Asia-Pacific. He is Professor of Comparative and Transnational Business Law at Sydney Law School, founding Co-Director of the Australian Network for Japanese Law, Associate Director of the Centre for Asian and
- [John Green](https://nziac.com/people/john-green/) - John is a professional arbitrator, adjudicator and mediator based in Auckland, New Zealand. He has been appointed in more than 1,200 building, construction and infrastructure disputes over the past 28 years relating to residential, commercial and industrial construction projects, power stations, gas fields, manufacturing and processing plants, stadiums, hotels, land subdivisions, roading, railways, wharves, marinas,
- [Brenda Horrigan](https://nziac.com/people/brenda-horrigan/) - Brenda Horrigan is an internationally recognised arbitration practitioner with some 30 years of extensive global experience, having worked from the US, Paris, Moscow, Shanghai, Sydney and now Singapore. She has her own practice as an independent arbitrator. Brenda is the immediate past president of the Australian Centre for International Commercial Arbitration (ACICA) and remains a
- [Mark Ritchie](https://nziac.com/people/mark-ritchie/) - Mark is an experienced litigator who is licensed in Texas, New York and Washington DC as well as at the federal level in the Southern District of Texas, the Fifth Circuit, and the Supreme Court of the United States. He is also licensed as a solicitor in England and Wales Mark’s experience is concentrated in
- [David Huebner](https://nziac.com/people/david-huebner/) - Amb. (r.) David Huebner, C.Arb is an international arbitrator affiliated with JAMS in Los Angeles and New York. A lawyer by training, he previously held senior positions in the Asia Pacific region, including as U.S. Ambassador to New Zealand and Samoa, chairman & CEO of an international law firm, founding chief representative of a law
- [Gloria Masters](https://nziac.com/people/gloria-masters/) - Known as “The Fixer,” due to my ability to quickly provide effective solutions to complex conflict resolution and mediation challenges, I have over 15 years’ experience working within a range of businesses. My strength is advising on communication within NZ specifically targeting culture and communication initiatives. I also excel in leading forums addressing engagement and
- [Mark Colthart](https://nziac.com/people/mark-colthart/) - Mark was admitted to the bar in 1994, and has over 24 years’ experience in civil and commercial litigation. He has particular expertise in commercial arbitration, building and construction law, and land and property disputes. Since he was admitted to the bar in 1994 Mark has appeared in all of the major Courts and Tribunals
- [Lauren Lindsay](https://nziac.com/people/lauren-lindsay/) - Lauren is a generalist commercial litigator and international arbitration practitioner. Lauren is known as someone who gets into the “technical and scientific details”, is “incredibly well-organised” and can be “trusted to do anything well” (Chambers UK (2017), International Arbitration, Client Feedback). Lauren grew up in Vanuatu, in the South West Pacific, a French-British condominium. She
- [Nicole Smith](https://nziac.com/people/nicole-smith/) - Nicole Smith is a Barrister practising in New Zealand. She is also a solicitor (admitted in England and Wales) acting as a consultant to Keystone Law (UK). She specialises in arbitration and dispute resolution, sitting as an arbitrator and also acting as an advocate. She spent 12 years in London, including 9 years in the
- [Yves-Louis Sage](https://nziac.com/people/yves-louis-sage/) - Dr. Yves-Louis Sage, born in France, hold a LLB, a LLM and a PhD from the Law school of the University of Grenoble (France), a LLM from Tulane Law School and the accreditation to supervise research (Habilitation à Diriger des Recherches, HDR) from the University of Paris I (Sorbonne). He is a professor at the
- [Bronwyn Lincoln](https://nziac.com/people/bronwyn-lincoln/) - Bronwyn is a partner of Corrs Chambers Westgarth. Bronwyn has over 20 years’ experience advising and representing clients in major international commercial disputes. She has a particular focus and expertise in joint ventures, shareholder agreements, agency and distribution agreements and service and technology agreements. Her experience spans a range of industry sectors, including mining and
- [Dr Stephen Lee](https://nziac.com/people/dr-stephen-lee/) - Stephen is a Barrister, Arbitrator and Mediator. He has practised at the Queensland Bar for over 20 years, and is a member of the Bars of England and Wales and New York. Stephen is graded as an Arbitrator with the Resolution Institute in Australia, is a member of the KLRCA Panel of Arbitrators and Mediators,
- [Rashda Rana SC](https://nziac.com/people/rashda-rana-sc/) - Barrister, Arbitrator, Mediator, Adjunct Professor (Sydney University Law School) Rashda is a barrister who has worked at the Bar in London and also in various states in Australia and in the Asia Pacific region, notably Hong Kong, Singapore, Malaysia and China, for the past 23 years. Most recently she was the General Counsel for Lend
- [Warwick Smith](https://nziac.com/people/warwick-smith/) - Warwick Smith is an arbitrator and mediator with over 40 years of experience in the litigation and dispute resolution industry. His professional experience includes a wide array of civil and commercial dispute resolution work – initially as an advocate, and later as an arbitrator, tribunal member, mediator and settlement conference convenor, and judge. He graduated

## Categories

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- [Common Law](https://nziac.com/legal-system/common-law/) - Explore key topics on common law arbitration in our Knowledge Hub. Learn from experts and stay informed with practical insights and resources.
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## Expertises

- [Maritime](https://nziac.com/expertises/maritime/) - Find expert maritime dispute resolution professionals to handle your conflicts. Get in touch today to connect with the right specialists.
- [Commercial](https://nziac.com/expertises/commercial/) - Explore leading commercial mediation experts to resolve your disputes. Contact us today for tailored support and practitioner recommendations.
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- [Property and Property Planning](https://nziac.com/expertises/property-and-property-planning/) - Browse our directory of property dispute resolution experts. Contact our registry now for help selecting and booking the right professional.
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- [Intellectual Property](https://nziac.com/expertises/intellectual-property/) - Access intellectual property dispute resolution experts for efficient outcomes. Protect innovation with NZIAC’s specialised IP dispute services today.
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- [Competition](https://nziac.com/expertises/competition/) - NZIAC offers expert competition dispute resolution services. Resolve antitrust and market disputes with trusted international arbitration support.
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