Williams & Kawharu on Arbitration

Author: David A R Williams QC; Amokura Kawharu
Publisher: LexisNexis New Zealand
ISBN: 9781927183083
Published In: December 2011
Format: Paperback
Jurisdiction: New Zealand ? Disclaimer:
Countri(es) stated herein are used as reference only

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This is the first comprehensive, in-depth analysis of the law and practice of domestic and international arbitration in New Zealand and is destined to become an indispensable aid to those practising in this field. It is written primarily for practising lawyers, arbitrators and judges. It will also provide an invaluable resource for students of arbitration. Since New Zealand is an UNCITRAL Model Law jurisdiction it will also be of interest to arbitration specialists in other Model Law countries, especially those in the Asia-Pacific region.

The authors bring to this task extensive practical and theoretical knowledge of both domestic and international arbitration. David A R Williams QC, is a member of Bankside Chambers (Auckland and Singapore) and Essex Court Chambers, London and is widely regarded as New Zealand’s foremost international arbitrator and one of the world’s outstanding international commercial arbitrators. He is an Honorary Professor of Law at the University of Auckland where he has taught international arbitration for many years.

Co-author, Amokura Kawharu, studied arbitration at Cambridge University and practised law with Chapman Tripp in Auckland. She now lectures in arbitration at the Auckland Law School. She has published many articles on arbitration in leading overseas journals including Arbitration International and is a frequent speaker at arbitration events in New Zealand. With David Williams, she writes the arbitration section of the New Zealand Law Review.

The contributing authors have extensive international arbitration experience. Campbell Walker practised in Paris with the international arbitration group of Shearman and Sterling, led by Professor Emmanuel Gaillard, one of the world’s leading international arbitrators. Daniel Kalderimis practised in London in the international arbitration group of Freshfields Bruckhaus Deringer LLP, the world’s No. 1 rated international arbitration law firm, led by Professor Jan Paulsson. Anna Kirk practised in London in the international arbitration and public international law group of the eminent dispute resolution firm, Herbert Smith LLP.

PART I - INTRODUCTION

Chapter 1 - The Nature and Sources of Arbitration Law

Chapter 2 - Origins of Arbitration Act 1996 (NZ) and its main features

Chapter 3 - Role of the Court

PART II - THE ARBITRATION ACT 1996 NZ AND ITS AMENDMENTS

Chapter 4 - Arbitration Agreement

Chapter 5 - the composition of the Arbitral Tribunal

Chapter 6 - The Status of the Arbitrators

Chapter 7 - Jurisdiction of the Arbitral Tribunal

Chapter 8 - Preconditions for the Commencement of Arbitral Proceedings - Multi-Tiered Dispute Resolution Clauses

Chapter 9 - Interim Measures of Protection

Chapter 10 - The Law Governing Arbitral Proceedings

Chapter 11 - The Conduct of the Arbitral Proceedings

Chapter 12 - Legal Rules applicable to the Substance of the Dispute

Chapter 13 - Confidentiality of Arbitral Proceedings

Chapter 14 - Making of Awards and Termination of Proceedings

Chapter 15 - Correction and Interpretation of Award

Chapter 16 - Costs and Expenses of Arbitration

Chapter 17 - Recourse against Award: Setting Aside Awards

Chapter 18 - Appeals and Questions of Law

PART III - INTERNATIONAL COMMERCIAL ARBITRATION

Chapter 20 ? Introduction to International Commercial Arbitration

Chapter 21 - The UNCITRAL Arbitration Rules 2010 (Ad Hoc Arbitration)

Chapter 22 - ICC Arbitration

Chapter 23 - Other Arbitration Institutions

Chapter 24 - The IBA Guidelines on Conflicts of Interest in International Arbitration (2004)

Chapter 25 ? The IBA Rules on the Taking of Evidence in International Commercial Arbitration

Chapter 26 ? New York Convention

PART IV - INVESTMENT TREATY ARBITRATION

Chapter 27: An Introduction to Investment Treaty Arbitration

Chapter 28: Substantive Standards of Investor Protection

Chapter 29: ICSID Arbitration

Chapter 30: Overview of New Zealand’s Investment Treaties

APPENDICES

Appendix 1 - Arbitration Act 1996 (NZ) and Amendments

Appendix 2 - High Court Amendment Rules 2000 (inserting new Part 17 High Court Rules consisting of Rules 877 ? 901

Appendix 3 - UNCITRAL Model Law on International Commercial Arbitration

Appendix 4 - Note on differences between UNICITRAL Model Law and Arbitration Act 1996 (NZ)

Appendix 5 - Report of UNCITRAL Commission on International Trade Law, 18th Session - 3-21 June 1985/Vienna (A/40/17).

Appendix 6 - Analytical Commentary on Draft Text of a Model Law on International Commercial Arbitration - Report of the Secretary General, 25 March 1985 (A/CN. 9/264)

Appendix 7 - List of countries that have adopted arbitration legislation based on the UNCITRAL Model Law

Appendix 8 - UNCITRAL Arbitration Rules

Appendix 9 - UNCITRAL Notes on Organizing Arbitral Proceedings

Appendix 10 - ICC Rules of Arbitration

Appendix 11 - LCIA Arbitration Rules

Appendix 12 - AAA (ICDR) International Arbitration Rules

Appendix 13 - ICSID Rules of Procedure for Arbitral Proceedings

Appendix 14 - IBA Rules on the Taking of Evidence in International Commercial Arbitration (2010)

Appendix 15 - IBA Rules on Conflicts on Evidence in International Arbitration (2004)

Appendix 16 - Scoreboard of adherence to transnational arbitration treaties including 1958 New York Convention