A couple of recent cases, one in the UK and the other in NZ, shine a light on the durability of arbitration awards, and the grounds for appeals and setting aside.
Musings of a busy mind
On 30 July 2019, I had the pleasure of giving a construction law update to the New Zealand Law Society, with Michael Taylor, of Russell McVeagh.
Commencement is 18 months after Royal Assent - late January, early February 2021.
It is common, even with large publicly listed organisations, to carry on business under a trading name. Once things start to come unhinged, who are you contracting with and who do you sue?
Great fun at the Society of Construction Law conference yesterday. To my delight, I was presented with an Honorary Life Membership of the SCL for services to the Society and to the wider practise of construction law. Something I will cherish.
The Trusts Bill passed its second reading (and the Committee of the House) yesterday, and should pass its third and final reading in the next day or so. Despite some teething problems, or growing pains if you prefer, mediation and arbitration are now recognised as means of resolving trust disputes.
With apologies to Neil Armstrong, this has proven to be a great leap for [a] man and a small step for mankind.
Yesterday, the Supreme Court granted leave to 127 Hobson Street on the core question decided by the Court of Appeal that the indemnity provision in the agreement to lease did not offend the prohibition against penalties.
On Friday, Singapore's Ministry of Law launched a public consultation round for its International Arbitration Act.
Singapore is a major regional player in arbitration, and any changes to their legislation is worthy of note, particularly in the context of the recent changes to the New Zealand Arbitration Act 1996.