20 Jun 2014
EWAN ROBERT CARR and BROOKSIDE FARM TRUST LIMITED v GALLAWAY COOK ALLAN [2014] NZSC 75
- Citation
- [2014] 1 NZLR 792
- Court
- Supreme Court
The arbitration agreement includes procedural terms agreed by the parties; the parties' attempt to extend appeal rights to questions of fact was impermissible under the Arbitration Act 1996 and those words were central to the submission to arbitrate (objectively emphasised in the contract) and therefore not severable; consequently the arbitration agreement was not valid under New Zealand law and the High Court correctly exercised its discretion under art 34(2)(a)(i) to set aside the arbitral award.