ReSolution Issue 10 August | Page 28

from the potential time and cost savings of summary judgment. Evidently, the Courts will uphold parties’ arbitration clauses where appropriate, but such clauses will be subject to strict interpretation for referral to arbitration of only the disputes contracted for in the relevant arbitration clause(s).

Footnotes:

1 Hyundai Shipbuilding and Heavy Industries Co Ltd v Pournaras [1978] EWCA Civ J0517-3, [1978] 2 Lloyd’s Rep 502.
2 Zurich Australian Insurance Ltd t/a Zurich New Zealand v Cognition Education Ltd [2014] NZSC 188, [2015] 1 NZLR 383.
3 Clause 28.1 of the lease provides for cancellation.
4 Drake City Ltd v Tasman-Jones [2016] NZHC 899 at [43].

BUILDING DISPUTES TRIBUNAL

An Authorised Nominating Authority under the Construction Contracts Act 2002

• NZ's only independent, nationwide, specialist building and construction dispute resolution service.
• 25 Years experience - 700+ Adjudication Cases handled
• Highly skilled, experienced, and respected adjudicators, arbitrators and mediators.

• Comprehensive and professional fully administered case management services.

• Comprehensive, informative, and user friendly website.
• FIXED FEE service for low value claims.
• NO APPOINTMENT FEES - FREE on-line nomination service within 24hrs.

www.buildingdisputestribunal.co.nz