Musings of a busy mind

LawTalk has kindly agreed to publish my article on the Arbitration Amendment Act 2019.

Coincidentally, LawPoints has also published a further article on the arbitration provisions of the Trusts Bill 2017, which will return to the House shortly (it's currently No 5 on the Order Paper). There are considerable problems with the arbitration provisions in the Bill, as currently drafted ... see links below

In its decision released today, the High Court of Australia has upheld the enforceability of arbitration provisions in deeds to which the disputants are not, technically, parties.

It has become a truism that liquidated damages are enforceable, and will not offend the rule against penalties, if they represent a genuine pre-estimate of loss undertaken at the time the contract is entered into.

That position was modified significantly last month by the Court of Appeal.

It's 5 years since Sir David Williams QC, Deborah Hart and I sat down to dinner with then Attorney-General, Hon Christopher Finlayson QC, to discuss the benefits of promoting New Zealand as a destination for international arbitration, and the amendments we would like to the Arbitration Act 1996.

Finally, this evening, the Bill has been passed into law - with some amendment, it has to be said, but passed into law it has. Nice to be credited in Andrew Bayly MP's opening comments. It's not every day you get noted in Hansard!