We were delighted to have leading international arbitrator Peter Baugher join us from Chicago, Illinois for an evening discussion last night on how we can best resolve international commercial disputes in today’s complex and dynamic legal, economic, and political environment.

Peter’s presentation was a fascinating presentation covering a wide range of contemporary issues including:

  • US perspectives on business litigation and arbitration;
  • international dispute resolution in a time of global turmoil;
  • American politics; and
  • challenges and opportunities for the Rule of Law across boundaries and culture.

Our thanks to Peter for taking the time to come to speak with us while he was down in Auckland.

Thank you also to Russell McVeagh for hosting the event and to all who were able to attend especially at such a busy time of the year.

Enforcement and recognition of foreign awards made in international arbitrations: as easy as one, two, three…

By Maria Cole A Court’s hands can be tied if a party does not ask for its assistance. In this case, the losing parties in an international arbitration had a foreign award enforced against them because they failed to ask the local Court to consider the law on when...

Federal Court of Australia Enforces Foreign Arbitral Award of $40 Million

By Sam Dorne In Guoao Holding Group Co Ltd v Xue (No 2) [2022] FCA 1584, the Federal Court of Australia granted enforcement in Australia of a foreign arbitral award issued in China, and dismissed objections that enforcement would be contrary to Australian public...

Arbitrator’s Exercise of Phantom Jurisdiction

By Richard Pidgeon   In CMB v Fund, Cattle and Management [2023] HKCFI 760, the Hong Kong Court of First Instance ruled that a pre-emptive arbitration should be set aside as there was no dispute between the immediate parties to the arbitration and the award was...

An Orthodox Operation of Religious Arbitration

By Richard Pidgeon   In Tayar v Feldman [2022] FCA 1432, the Federal Court of Australia considered the enforcement of an arbitral award at the intersection of Orthodox Jewish law and the secular Commercial Arbitration Act (Victoria) 2011 and Bankruptcy Act 1966...

Subject matter arbitrability: Singaporean seat

By Richard Pidgeon   In Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1, the Singaporean Court of Appeal settled on a new composite approach to addressing pre-award arbitrability, namely review of the public policy position of the subject...

Husky v Whittaker’s appeal outcome: Ontario Court of Appeal upholds stay of court proceedings for referral to NZIAC arbitration

By Richard Pidgeon In Husky Food Importers & Distributors Limited v JH Whittaker & Sons Limited, 2023 ONCA 260, the Ontario Court of Appeal has provided guidance on the test and standard of proof required to stay court proceedings in favour of an arbitration...

Chapter Review: Compulsory Consolidation in Arbitral Proceedings: An Infringement on Party Autonomy?

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...

Gas dispute to be aired in arbitration

By Richard Pidgeon The Supreme Court of Western Australia in Power and Water Corporation v Eni Australia B V [2022] WASC 376 considered whether a party to a gas supply agreement was justified in attempting to avoid an arbitration clause. On the facts, the application...

Where do directors’ duties lie once insolvency looms?

By Sam Dorne In BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25, the UK Supreme Court handed down its judgment which examined the role of directors when a company becomes, or is likely to become, insolvent. The decision looked at when directors were to consider the...

Is a party required to accept non-contractual performance during a force majeure event?

By Kate Holland The English Court of Appeal made waves in the last part of 2022 with its decision in MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406. On a non-uanimous basis, the Court of Appeal held that a party had not been entitled to rely on a force majeure clause...

Separability and arbitral tribunals being ‘open business’??

By Richard Pidgeon In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA Civ 1555 (DHL v Gemini), the Court of Appeal of England and Wales dealt with the separability principle. The principle deals with the existence of an arbitration...

Supreme Court of New South Wales finds force majeure clause offered no protection for loss and damage to goods in transit

By Kate Holland   In Woolworths Group Ltd v Twentieth Super Pace Nominees Pty Ltd [2021] NSWSC 344, the Supreme Court of New South Wales applied a narrow interpretation to the meaning and effect of a force majeure clause, finding that it did not override other...

The Alternative Dispute Resolution Centre (ADR Centre) launches its dedicated website

The ADR Centre launched its dedicated website. This follows the opening of the physical ADR Centre in August 2022, the first purpose-built centre for dispute resolution in New Zealand. The ADR Centre is the first true bricks-and-mortar centre for practitioners in New...

When can an arbitrator voluntarily resign and what are the implications for the arbitration?

By Maria Cole 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...

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

By Maria Cole 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. Any party to an...

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

By Maria Cole and Michelle Rubaduka   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...

The importance of certainty in international arbitration agreements

By Sam Dorne   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...

Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Ltd [2022] ONSC 1679

By Elliott Couper and Jack Davies 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...

All dressed up but nowhere to go: Recognition but no enforcement of ICSID awards

By Dr Anna Kirk and Belinda Green 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...

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...
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