8 Sept 2017
MIRAKA LIMITED v MILK NEW ZEALAND (SHANGHAI) CO. LIMITED [2017] NZHC 2163
- Citation
- [2017] NZHC 2163
- Court
- High Court
The Court found there is an arguable dispute over contractual construction and factual matters that fall within the parties' agreed arbitration regime; 'commencing arbitration' was interpreted to require appointment of an arbitrator so the contractual 30 day fallback had not been triggered; accordingly the Court must stay the High Court proceeding and refer issues to arbitration and cannot grant summary judgment on the record before it.