Russell McVeagh

This Practice Note considers challenging arbitral jurisdiction and anti-suit measures in New Zealand. It addresses staying court proceedings in favour of arbitration, the power to grant anti-suit injunctions and challenging decisions by arbitral tribunals on jurisdiction.

This Practice Note considers issues of state immunity and arbitration in New Zealand. The Practice Note summarises the common law approach of New Zealand’s courts to the doctrine of sovereign immunity; the making of a protest to jurisdiction by a state on the grounds of sovereign immunity and the effect of such a protest on recognition and enforcement actions against states subject to international awards before the courts of New Zealand, in particular ICSID awards.