Williams and Kawharu on Arbitration, 2nd edition

The authoritative work on the law and practice of domestic and international arbitration in NZ.

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ISBN/ISSN: 9781927313916
Release Date: August 01, 2017
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NZD$ 200.00
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ISBN/ISSN: 9781927313923
Release Date: August 01, 2017
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ISBN/ISSN: WKARED0SU
Release Date: August 01, 2017
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Product description

Williams and Kawharu on Arbitration is well recognised for its excellence. Since the first edition was published in 2011, it has been cited on several occasions by the New Zealand courts as an authoritative interpretation of arbitral practice in New Zealand, including by the Supreme Court in Zurich Australian Insurance Ltd t/a Zurich New Zealand v Cognition Education Ltd [2014] NZSC 188 and in Carr v Cook Gallaway Allan [2014] NZSC 75; won the JF Northey Prize 2012 for best legal treatise; and been reviewed favourably numerous times both in New Zealand and internationally.

This second edition of Williams and Kawharu on Arbitration builds on the importance of the first with a distinct focus on significant recent case law in New Zealand and elsewhere as well as developments in the Asia-Pacific region. Changes for this edition include: the restructure of later sections to provide a greater overview of the growth of international arbitration in the region; the addition of content covering third-party funding, the arbitration of trust disputes, the distinction between ad hoc and institutional arbitration and the importance of soft law guidelines; and new sections on emergency arbitrators, IBA Rules on Party Representation and the role of tribunal secretaries.

Primarily written for students, practising lawyers, arbitrators and judges, Williams and Kawharu on Arbitration is an indispensable aid to those studying and practising in this important area of law.

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Table of contents

Part 1 – Introduction


1. Nature and sources of arbitration law

2. Origins of the arbitration act

3. Role of the court


Part 2 – The Arbitration Act 1996 (New Zealand) and its Amendments


4. The arbitration agreement

5. The appointment of the arbitral tribunal

6. The status of arbitrators

7. Jurisdiction of the arbitral tribunal

8. Pre-conditions to the commencement of arbitral proceedings

9. Interim measures

10. The law governing the arbitral procedure

11. The conduct of the arbitral proceedings

12. Legal rules applicable to the substance of the dispute

13. The confidentiality of arbitral proceedings

14. Making of award and termination of proceedings

15. Post award issues

16. Costs and expenses of an arbitration

17. Applications to set aside arbitral awards

18. Determination of points of law by the high court and appeals on questions of law

19. Recognition, and recognition and enforcement of awards


Part 3 – International Commercial Arbitration


20. Introduction to international commercial arbitration

21. Interim measures

22. Institutional arbitration – overview of relevant institutional rules

23. The impact of soft law guidelines, rules and protocols in international arbitration

24. Enforcement of international awards / rulings / decisions


Part 4 – Investment Treaty Arbitration


25. Investment treaty arbitration: introduction, jurisdiction and procedure

26. Substantive standards of investor protection

27. Overview of New Zealand’s investment treaties