<br> I. INTRODUCTION The problematic issue of compelling a local witness to give evidence in an international arbitration, outside its jurisdiction, arose before the New Zealand (“NZ”) High Court in early 2015. In Dalian Deepwater Developer Ltd v Dybdahl [2015] 3 NZLR 260, the Court assessed its own jurisdiction to do so, under section 184 of the New Zealand Evidence …
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Recent Cases Concerning Agricultural Products Before the Vietnam International Arbitration Centre: Calculation of Damages from Vietnamese Perspective
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Thailand Case Update: Implications of an Agreement to Rely on Court Decisions in Arbitration (Supreme Court Decision 10057/2555)
I. BACKGROUND The case between Bangkok Insurance Public Limited Company (“the Plaintiff”) and Nam Seng Insurance Public Limited Company (“the Defendant”) arose from the Plaintiff’s application to the courts to enforce an arbitral award. The parties had submitted a dispute to an arbitral tribunal under the General Insurance Association (“the Association”). Article 22 of the Association’s Arbitration Regulations (“Art. 22”) …
Thailand Case Update: Arbitrating Tort Claims (Supreme Court Decision 4288/2588 [2015])
I. BACKGROUND In this case, Tongkum Company Limited (the “plaintiff”) and Deutsch Bank AG (the “defendant”) entered into a “Facility Agreement” and an “Export Contract” relating to a shipment of gold from the plaintiff to the defendant. Each agreement included an arbitration clause that stipulated that any dispute shall be to the London Court of International Arbitration (“LCIA”). Subsequently, the …