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.

Notice of arbitration – make it valid or the award will not stand

Written by Alexander Lyall   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...

It’s time – how New Zealand can bring together Latin America and Asia

​Written by Alexander Lyall   Is it time for work to begin again on the Southern Link project? Here, we identify the opportunities which have arisen since the easing of COVID-19 restrictions, and how New Zealand can take advantage of these.  In the early months...

Labelling correspondence “without prejudice” will not always grant the user protection

Written by Sam Dorne 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...

London calling – What makes a consumer contract English?

Written by Alexander Lyall 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...

Harman obligation released for documents from mining arbitration

By Richard Pidgeon The implied undertaking of confidentiality in Harman v Secretary of State for the Home Department [1983] 1 AC 280 not to use documents discovered in a proceeding for collateral purposes was released in Wright Prospecting Pty Ltd v Hancock...

Serious irregularity standard in arbitration

By Richard Pidgeon In Cipla Limited v Salix Pharmaceuticals Inc [2023] EWHC 910, the English High Court has confirmed a high threshold exists for successful challenges to awards on the basis that the arbitral tribunal committed serious irregularity because it failed...

Leave for second appeal declined in lease dispute arbitration

By Richard Pidgeon In The Gama Foundation v Fletcher Steel Limited [2023] NZCA 243, the Court of Appeal reiterated the strict New Zealand tests set out in Gold and Resource Developments (NZ) Ltd v Doug Hood Ltd [2000] 3 NZLR 318 (CA) and Downer Construction (New...

LinkedIn Lips Sink Ships: Singapore Court of Appeal finds India had already posted into the public domain

Written by Alexander Lyall In a recent decision, The Republic of India v Deutsche Telkom AG [2023] SGCA(I) 4, the Singapore Court of Appeal helps clarify the circumstances where the amended privacy provisions of Singapore’s International Arbitration Act may not apply....

Let me hear your body talk: Hong Kong court refuses to set aside arbitral award over claim lawyer couldn’t read witness’s body language in virtual hearing

Written by Kate Holland In Sky Power Construction Engineering Limited v Iraero Airlines JSC [2023] HKCFI 1558, the losing party in an arbitration unsuccessfully applied to set aside the award on the basis that the virtual hearing had prevented it from adequately...

Court orders parties back to arbitration

By Sam Dorne The recent case of Sesderma, S.L. v Seeky International Limited and Golong Co. Ltd [2023] HKCFI 1619, heard in the Hong Kong Court of First Instance, examined the law of issue estoppel and the governing law of arbitration agreements. An issue estoppel...

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

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

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...
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