High Court Wellington
15 March; 7 May 1985
Tompkins J
15 March; 7 May 1985
Tompkins J
Arbitration — Jurisdiction — Referral to arbitration or Court proceedings? — Proof of foreign law — Tour operator brought proceedings based on negligent misrepresentation against supplier of machinery — Supplier joined manufacturer as a third party — Manufacturer alleged that supplier was claiming "through or under" a related company with whom manufacturer had a distributorship agreement, and that under distributorship agreement the dispute should go to arbitration and be governed by Swedish law — Whether supplier was claiming "through or under" related company — Whether applicable Swedish law had been proved — Whether dispute should be referred to arbitration — Arbitration (Foreign Agreements and Awards) Act 1982, s 4.
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