Commercial Arbitration on the Documents, offered by the New Zealand Disputes Resolution Centre (NZDRC): http://www.nzdrc.co.nz/ARBITRATION/ARBITRATION+RULES.html. 3 There were in fact two awards: a partial award dealing with the substantive issues, and a final award dealing with costs. However, nothing turned on that in the High Court, and it is convenient to refer to both as one award for present purposes. 4 Para [50]; the judgment then addresses an argument that the Arbitrator had agreed to contact Mr Withers if he (the arbitrator) considered that any affidavits raised issues of credibility on which Mr Withers had not commented. The Court found that the Arbitrator had not placed any reliance on such evidence, which he (the Arbitrator) had not considered to be determinative of anything of importance. 5 Para [57] of the judgment. 6 Clause 1.1 of the Rules. 7 Clause 1.2 of the Rules. 8 Para [26] of the judgment; emphasis added.
Royden Hindle
Royden is an Arbitrator, Adjudicator and Mediator based in Auckland, New Zealand.
He is a Principal Panelist with Building Disputes Tribunal, NZDRC and NZIAC.
In 28 years’ practice as a general civil and commercial litigation practitioner, Royden has been involved in cases covering a wide range of topics, including Arbitration; Commercial matters; Commissions of Inquiry; Companies; Competition Law; Construction; Contracts; Disciplinary matters; Employment; Energy; Fishing quotas; Forestry; Human Rights; Intellectual property; Judicial review; Land; NZ Bill of Rights Act; Practice and procedure; Property; Public law; Public reserves and roading; Summary judgment; Tax; and Trade practices.
Royden has appeared as amicus curiae in the Maori Land Court, and in the High Court. In addition he has been involved in a number of substantial arbitrations, both as counsel and as Arbitrator. Before taking on the role of Chairperson of the Human Rights Review Tribunal on a full time basis in 2005, he conducted a number of successful mediations.