By: Jeremy Johnson
Published: 26/01/2015
The question of how to handle arbitration clauses in contracts where there is no clear dispute between the parties is one that has long bothered lawyers and clients. If the other party does not respond to demands for payment/remedy of contractual breaches is it appropriate to issue summary judgment proceedings? If the other party does respond but the alleged defence is not reasonably arguable must the parties proceed to arbitration anyway?

This article was published in full in the NZ Law Journal. Please download the pdf to read more.
Download article in PDF format

Enter security code:
 Security code

Wynn Williams Christchurch
Level 5, Wynn Williams House, 47 Hereford Street, Christchurch 8013, New Zealand.
PO Box 4341, DX WX11179, Christchurch 8140.
+64 3 379 7622
+64 3 379 2467
Wynn Williams Auckland
Level 25, Vero Centre, 48 Shortland Street, Auckland 1010, New Zealand.
PO Box 2401, Shortland Street, Auckland 1140.
+64 9 300 2600
+64 9 300 2609

This page is best viewed in an up-to-date web browser with stylesheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so. The latest version of Firefox, Safari or Google Chrome will work best if you're after a new browser.