This paper was presented by Sir David Williams QC on my behalf at the ICCA-AMINZ International Arbitration Day in Queenstown on 20 April 2018.
New Zealand is alone in providing for appeals on questions of law, and for such appeals to be dealt with by an independent appeals body, the AMINZ Arbitration Appeals Tribunal (the AAT). Unlike other jurisdictions, this gives the parties greater options - no appeals, appeals to the High Court (with or without leave) or appeals dealt with by the AAT. The last option preserves confidentiality and is, typically, faster.
Musings of a busy mind
In an important decision released earlier today, the Court of Appeal has provided welcome clarification on how the termination rights under NZS3910 operate in practice.
When we read in the press of yet another public sector procurement debacle, or that the project has been fraught with difficulties, it rather begs the question – what was the project for and how was the budget set? All too frequently, it is less that a project cost more or took longer than that the project expectations were ill-defined or poorly understood and the relationship between key parties broke down.