Challenging jurisdiction and anti-suit provisions in New Zealand

Produced in partnership with Polly Pope of Russell McVeagh and Amelia Cina of Russell McVeagh

Practice notes

Challenging jurisdiction and anti-suit provisions in New Zealand

Produced in partnership with Polly Pope of Russell McVeagh and Amelia Cina of Russell McVeagh

Practice notes

An important aspect of giving effect to an agreement to arbitrate is preserving the jurisdiction of the arbitral tribunal seized of the dispute. There are a number of remedies available in New Zealand to protect the exclusive jurisdiction of the arbitral tribunal from both domestic and overseas court proceedings. In addition, there are also remedies available to a party where the arbitral tribunal is improperly seized of jurisdiction. Accordingly, this Practice Note considers the following issues:

•
applying for a stay of court proceedings in favour of arbitration
•
applying for an injunctions in the New Zealand courts to restrain foreign court proceedings in breach of an arbitration agreement (known as the ‘anti-suit’ injunction), and
•
challenging jurisdiction of an arbitral tribunal in New Zealand

Both international and domestic arbitration in New Zealand is governed by the Arbitration Act 1996. The Arbitration Act largely implements the UNCITRAL Model Law as Schedule 1 to the Act. Additional optional procedural rules are provided under Schedule 2, which

Polly Pope

Partner and Chair, Russell McVeagh

Polly is one of New Zealand's leading commercial disputes lawyers. Her arbitration practice spans work as counsel and as arbitrator.

She is a Fellow of the Chartered Institute of Arbitrators (UK) and of the Arbitrator's and Mediator's Institute of New Zealand, a recipient of the Sir Ronald Davison Award for excellence in arbitral award writing, and a member of AMINZ's Arbitration Appeals Tribunal.

Amelia Cina

Senior Solicitor, Russell McVeagh

Amelia is a Senior Solicitor in the Russell McVeagh litigation team and has acted for clients on a broad range of public and commercial disputes. Amelia has also taught courses on legal writing and mooting as a Teaching Fellow at Victoria University of Wellington. Prior to commencing private practice Amelia clerked for Justice Cooke at the New Zealand High Court and worked as a research assistant to Professor Campbell McLachlan KC providing research support for his book on systematic integration in international law and Dicey Morris and Collins on the Conflict of Laws.

Jurisdiction(s):

United Kingdom

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