Williams & Kawharu on Arbitration by David Williams QC and Amokura Kawharu with contributing authors Daniel Kalderimis, Anna Kirk, and Campbell Walker

Abstract

Williams & Kawharu on Arbitration, by David Williams QC and Amokura Kawharu with contributing authors Daniel Kalderimis, Anna Kirk and Campbell Walker. 1, (Published by LexisNexis, 2011), ISBN 9781877511547, 1246 pages Williams & Kawharu on Arbitration is the first comprehensive exposition of the law and practice of domestic and international arbitration written from a New Zealand perspective. In the authors’ own words, the ‘work aspires to provide comprehensive coverage of domestic arbitration in New Zealand, as well as addressing international commercial arbitration and investment treaty arbitration, both of which have increasing relevance for New Zealand and, refreshingly, ‘attempts to emphasise the practical aspects of arbitration where appropriate’.2 Not only does the work provide the most detailed analysis of the New Zealand Arbitration Act 1996 (as amended in 2007) (the ‘NZ Act’) and arbitral practice in New Zealand yet written, the authors also draw on a wide range of international jurisprudence and their own extensive experience of international commercial and investment treaty arbitration to provide an invaluable resource for arbitration lawyers, academics, arbitrators, judges and students of all nationalities. Williams & Kawharu on Arbitration is split into four main parts and thirty chapters. The first two parts are heavily focussed on the NZ Act and contain a detailed analysis of arbitration law in New Zealand. Part 3 is focussed on an exploration of arbitral procedural rules that are commonly chosen by the parties in international commercial arbitrations, whilst Part 4 introduces the legal framework and key legal concepts of investment treaty arbitration. The work comprehensively explores familiar themes, such as: the nature, source and types of arbitration; the role of the court in arbitration proceedings; the arbitration agreement; choice of and applicable law considerations; the composition of the tribunal; the arbitrators’ jurisdiction; the conduct of the proceedings; interim measures; confidentiality; making, correcting, recognizing, enforcing and setting aside and appealing awards; and issues of costs. The authors’ approach to each topic, which is sustained throughout the book, becomes immediately apparent in Part …