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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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
Sir David 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. He has over 30 years' experience as counsel in commercial litigation before New Zealand and overseas courts. He sits part-time as the President of the Cook Islands Court of Appeal and is also Honorary Professor of Law at the University of Auckland where he has taught international arbitration for many years. Chambers Global 2014 listed David among the top 40 most in-demand arbitrators worldwide for public international law, describing him as "one of the top international arbitrators in the world".
Associate Professor Amokura Kawharu, studied arbitration at Cambridge University and practised law in Auckland and Sydney. She now lecturers in arbitration at the Law School at the University of Auckland. 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 and overseas. With David Williams she writes the arbitration sector of the New Zealand Law Review and is a member of the LCIA, the Australian and New Zealand Society of International Law, and the Arbitrators' and Mediators' Institute of New Zealand.
Anna Kirk has a PhD in Public International Law from the University of Cambridge, specialising in Human Rights and Business, and is an experienced arbitration practitioner. She spent a number of years practising international arbitration at Herbert Smith LLP in London, where she represented clients in both commercial and investment treaty arbitrations. She currently works with Sir David Williams QC at Bankside Chambers, where she regularly acts as tribunal secretary in large international commercial arbitrations and assists on investment treaty arbitrations. She also publishes regularly in the fields of human rights and international arbitration.
Daniel Kalderimis is a partner at Chapman Tripp. He is an experienced advisor and advocate for large commercial disputes in mediation, arbitration or litigation proceedings and leads the Chapman Tripp international arbitration and trade law practice. Daniel is New Zealand's representative to the ICC Commission and a national correspondence to the United Nations. He is listed in the International Whos Who in Commercial Arbitration, is a faculty member of the NZLS Litigation Skills course and an adjunct lecturer at Victoria University Law School where he teaches civil procedure. Daniels' extensive experience has been gained both in New Zealand and overseas in New York and London. In New York, Daniel was a Fulbright Scholar and Associate-in-Law at Columbia Law School. In London, Daniel was a senior associate in the leading international arbitration group of Freshfields Bruckhaus Deringer LLP.
Wendy Miles QC is the global head of arbitration at Boies, Schiller and Flexner London. She has extensive experience of international arbitration in private and public international law issues with a particular focus in the ICCCA, London Court of International Arbitration, Permanent Court of Arbitration, Hong Kong International Arbitration Court, Singapore International Arbitration Court, ICSID and UNCITRAL. Wendy is ranked among the leading international arbitration lawyers in Chambers UK, Europe and Global editions. She is currently a Vice President of the ICCCA and a representative on a number of professional bodies including the New Zealand International Arbitration Committee and the Chartered Institute of Arbitrators Great Britain. She regularly publishes, teaches and lectures on the topic of arbitration.