Last week, the Court of Appeal upheld the High Court’s conditional stay of Danone’s proceedings against Fonterra.

The judgment is available on the AMINZ website here.

In summary, the Court of Appeal reviewed the exercise by the High Court of its inherent discretion to stay proceedings, it found that the arbitration in Singapore was proceeding expeditiously, that the arbitration would probably resolve all the issues between the parties, and Danone would not be unduly prejudiced by the delay in having to recommence any proceedings once the arbitration award had been issued.