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Court of Appeal Wellington
CA 40/03
19 December 2003
McGrath, Anderson and Glazebrook JJ
CA 40/03
19 December 2003
McGrath, Anderson and Glazebrook JJ
Arbitration — Appointment of arbitrator — Whether party interested in dispute may act as arbitrator — Standard for appointment of arbitrator — Who has standing to challenge appointment of arbitrator — Arbitration Act 1996, First Schedule, art 5.
Practice and procedure — Declaratory judgment — Whether appropriate to make declaration where remedy unavailable as objection time-barred — Whether declaration prohibited intervention in arbitration — Declaratory Judgments Act 1908, s 10.