• When serving documents on parties where multiple languages are involved, provide a translation of the notice of arbitration (and other key documents) where possible. • Where translation of long and/or complex documents may be difficult/cost sensitive, at a minimum ensure documents contain at least headings/statements in the defendant’s language which identify what the documents relate to e.g. arbitration. • When serving documents by email, ensure the recipient has actual or ostensible authority to accept service. Enquire with the organisation if uncertain. • Where there is any uncertainty as to email service and authority of the recipient to accept service, effect service by sending the documents by post to the registered/principal address for the recipient. • In contractual arrangements involving an agent, be clear in defining each party’s role and responsibilities in relation to the contract. Be aware of the liability agents take on on behalf of the contracting party/ies they act for and ensure appropriate reporting channels are in place for when documents are served. • Where a counterparty has engaged an agent, consider sending relevant documentation to both the agent and counterparty for completeness.
Sarah Redding Solicitor
About the Author
Sarah Redding
Sarah graduated from the University of Otago with a Bachelor of Laws. She then worked as a graduate law clerk at the New Zealand Dispute Resolution Centre, and now is a solicitor at Kensington Swan.