Court of Appeal Wellington
12, 13 October; 8 December 1988
Cooke P, Richardson, McMullin, Bisson and Barker JJ
12, 13 October; 8 December 1988
Cooke P, Richardson, McMullin, Bisson and Barker JJ
Arbitration — Jurisdiction — Contracting out — Contract between international companies contained arbitration provisions incorporating the rules of the International Chamber of Commerce — Article 24 of the ICC rules provided that the parties were deemed "to have waived their right to any form of appeal" - CBI sought review of the arbitrator's award on the ground that there were errors of law on the face of the award — Whether review was a form of appeal — Whether contractual ouster of the Court's jurisdiction was contrary to Arbitration Act 1908 - Whether it was contrary to public policy to give effect to a provision ousting the Court's jurisdiction — Observations as to when curial intervention may be justified despite a provision ousting the Court's jurisdiction.
Loading... Please wait...
