Searching Content indexed under Arbitration & Dispute Resolution by Chapman Tripp ordered by Published Date Descending.
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Have set-off rights been restricted by the PPSA without anyone noticing?
This WA decision may have overturned the hitherto accepted view that set-off remains effective against a receiver.
New Zealand
13 Oct 2017
Voidable transactions and Ponzi schemes – the Supreme Court ruling
The Supreme Court considered claw back claims under the voidable transactions regime in the context of Ponzi schemes.
New Zealand
10 Jul 2017
Dispute resolution in New Zealand – trends and insights in 2017
NZ businesses should be able to anticipate and have plans ready to resolve potential disputes, whatever the cause.
New Zealand
5 Apr 2017
Apparent judicial bias - a hard argument to win?
The UK decision confirms the NZ approach but also reflects a reluctance to uphold allegations of apparent judicial bias.
New Zealand
29 Jun 2016
Sherlock Holmes theory of causation not always correct
These cases reiterate that causation is an intensely factual inquiry, in which simplifications are unlikely to succeed.
New Zealand
21 Jul 2015
Supreme Court supports arbitration agreements
The Supreme Court ruled that parties cannot avoid promises to arbitrate by seeking High Court summary judgment instead.
New Zealand
23 Jan 2015
Bound to be friendly – enforcing tiered dispute resolution clauses
Parties who require good faith negotiation or mediation as preliminary steps, should express those steps specifically.
New Zealand
6 Nov 2014
Confidentiality agreements and mediation – Canada lights the way?
Analysis of a recent decision from the Supreme Court of Canada on a confidentiality clause in a mediation agreement.
New Zealand
15 Jul 2014
Arbitration agreement set aside, when parties provided for non-existent appeal rights
The main lesson from the case was that parties must draft and agree to a valid arbitration agreement from the outset,
New Zealand
29 Jun 2014
Lessons for Christmas Eve injunctions: care and speed
This case showed that care and speed are both required, when seeking urgent injunctive relief against foreign parties.
New Zealand
23 Dec 2012
Between a rock and a hard place: the future of joint and several liability
The NZ Law Commission revisits the question of joint and several or proportionate liability in a recent Issues Paper.
New Zealand
5 Dec 2012
Show me the money: the sharp end of disputes with state entities
Commercial solutions to state immunity difficulties can be found if they are identified and addressed at an early stage.
New Zealand
19 Aug 2012
Asset freezing orders - a powerful weapon in a tight spot
Freezing orders can be used to stop debtors from spending or hiding assets which are under claim.
3 Jun 2011
Testing the Boundaries of Legal Privilege
The appropriate boundaries of legal privilege have been considered recently by senior appellate courts both here and in Europe, with markedly different outcomes.
New Zealand
28 Sep 2010
Champagne Law on Vodka Facts
In Diageo North America Inc v Intercontinental Brands (ICB) Ltd [2010] EWCA Civ 920, the UK Court of Appeal has developed the law of passing off on some intoxicating facts. This Brief Counsel looks at the case, and whether the New Zealand Courts would reach the same conclusion if the same point was argued here.
New Zealand
15 Sep 2010
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