15 Dec 2022
MULTIMEDIA COMMUNICATIONS LTD v ENABLE SERVICES LTD [2022] NZHC 3452
- Citation
- [2022] NZHC 3452
- Court
- High Court
Leave to appeal was refused because, on a preliminary assessment, MMC did not demonstrate a strongly or very strongly arguable error of law by the arbitrator; clause 15.1 and 15.5 were clear and unambiguous commercial allocations of risk drafted to cap all claims arising under or in connection with the agreement at $500,000 (subject to express exceptions), and the arbitrator's interpretation that Fair Trading Act claims were captured by the limitation was open to him and not plainly wrong; other discretionary factors (arbitrator's qualifications, parties' choice to arbitrate, one-off nature)…