Russell McVeagh

This Practice Note gives details of the relevant arbitration legislation in New Zealand, highlighting key features of that legislation and its international reach. The Practice Note also sets out the requirements of a valid arbitration agreement under New Zealand law as well as challenging awards before the New Zealand courts.

This Practice Note sets out the rules for enforcing a domestic and foreign arbitral award in New Zealand, particularly those made under the New York Convention. It also sets out the grounds on which enforcement may be resisted under the New York Convention.

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 the availability of interim and emergency remedies in support of arbitration in New Zealand under New Zealand law, specifically under articles 9 and 17–17M of Schedule 1 to the New Zealand Arbitration Act 1996. It considers the availability of interim remedies from the tribunal and the New Zealand court. It also briefly considers emergency arbitration under New Zealand law.

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.