New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction of arbitral tribunal

  • 14 Dec 2020

    EXCEL EXPORTS CO (S) PTE LIMITED v THE SHIP “XING ZHI HAI” (IMO 9728356) [2020] NZHC 3292

    Citation
    [2020] NZHC 3292
    Court
    High Court

    The court found a prima facie arbitration agreement existed by virtue of the bills of lading incorporating the charterparty arbitration clause and that the plaintiff's claim was disputable; consequently, under art 8(1) of Schedule 1 to the Arbitration Act 1996 the court was required to stay proceedings and refer the parties to arbitration in terms of the bills of lading.

    • Stay of proceedings
    • Incorporation of charterparty into bills of lading
    • Jurisdiction of arbitral tribunal
    • Existence of dispute
    • Bills of lading possession claim

  • 12 Oct 2007

    FISHER & PAYKEL FINANCIAL SERVICES LIMITED V CREDIT MANAGEMENT SERVICES INC HC AK CIV 2006-404-6646

    Citation
    openlaw-9862c290_394a_4475_959c_25f56992676c.pdf
    Court
    High Court

    The applications by F&P failed because the arbitral tribunal's jurisdictional ruling was not a decision on the merits capable of founding issue estoppel, the Exhibit A procedure did not clearly extend to the precontractual misrepresentation and Fair Trading Act causes of action relied on by CMS, and New Zealand courts retain jurisdiction to determine those counterclaims if necessary.

    • Issue estoppel
    • Stay of proceedings
    • Jurisdiction of arbitral tribunal
    • Misrepresentation
    • Fair trading act 1986
    • Specific performance