11 May 2012
Investor-state arbitration is a mechanism whereby foreign investors can directly enforce minimum international investment standards against host states through international arbitration proceedings. Especially with the threat of litigation by tobacco companies, it is timely for New Zealand to focus on the trade-offs inherent in investor-state arbitration as it negotiates the TPP. This needs to be done, however, with a good grasp of the facts and a sense of perspective.
24 April 2012
New Zealand’s overseas investment regime has become significantly more difficult and uncertain as a result of a High Court ruling the effect of which is to require the government to apply a counterfactual test to applications by foreigners to buy sensitive land.
15 November 2011
Doing Business in New Zealand is a publication designed to provide the prospective investor with an introductory guide to the New Zealand legal framework as it applies to business. This chapter discusses diversification; liberalisation; transparency; and the legal system.
15 November 2011
Doing Business in New Zealand is a publication designed to provide the prospective investor with an introductory guide to the New Zealand legal framework as it applies to business. This chapter discusses business assets acquisitions; overseas investment in sensitive land; the consent process; processing and decision application; and consent conditions.
15 November 2011
Doing Business in New Zealand is a publication designed to provide the prospective investor with an introductory guide to the New Zealand legal framework as it applies to business. This chapter discusses China, Australia, ASEAN and others.
15 November 2011
Haere mai is Māori for welcome and New Zealand is one of the most open economies in the world. But there are rules and regulations that will apply, and we are familiar with them. This publication is designed to provide the prospective investor with an introductory guide to the New Zealand legal framework as it applies to business.
01 March 2011
The Investment Protocol to CER (Protocol), signed on 16 February 2011, is a wide ranging treaty which adds a new dimension to trans-Tasman economic relations, the significance of which has not been fully grasped in the media.
One would be forgiven, based on the official announcements and recent commentary, for thinking that the Protocol is a short agreement to reciprocally raise screening thresholds for trans-Tasman investments. It does do this but only in the Annexes, as a qualification to new rights extended in the substantive part of the Protocol.
The arguably more significant development is that the Protocol is a bilateral investment treaty (or BIT) and – as such – accords trans-Tasman investors a suite of international law rights distinct from and additional to those enjoyed by domestic investors.
16 February 2011
Australian Prime Minister Julia Gillard and New Zealand Prime Minister John Key will be announcing a new trans-Tasman investment protocol aimed at increasing cross-Tasman investment thresholds. Chapman Tripp Partner Nick Wells comments.
10 December 2010
Nick Wells, a partner at Chapman Tripp, says new measures to tighten up the criteria for foreign ownership of farmland and primary production companies will change nothing, as the Overseas Investment Office already considers such purchases.
28 October 2010
Apples have been a source of friction in the trans-Tasman relationship for almost 90 years, but the dispute may be about to enter a new, more dangerous and more decisive phase.
23 September 2010
Connected Asia Pacific focuses on developments in international trade, investment and arbitration in the Asia Pacific region. It is intended to assist exporters, importers and investors from or to New Zealand make the most of the rules which increasingly regulate their cross-border activities.
22 September 2010
Three New Zealand court decisions helpfully illustrate the legal frameworks which can apply when disputes arise with overseas business partners.
22 September 2010
The Trans-Tasman Proceedings Act 2010, which implements the Agreement between the Government of New Zealand and the Government of Australia on Trans-Tasman Court Proceedings and Regulatory Enforcement, passed its third reading on 24 August 2010. Australia passed its corresponding legislation in March 2010. The new regime creates a legal framework for trans-Tasman cooperation relating to civil proceedings and will enable disputes to be resolved more efficiently and effectively.
22 September 2010
Just as Australia has modernised its international arbitration legislation, two state courts have distanced themselves from the infamous Queensland Court of Appeal decision of Eisenwerk Hensel Bayreuth Dipl-Ing Burkhardt Gmbh v Australian Granites Limited, one finding it was “plainly wrong”.
22 September 2010
New Zealand’s FTA negotiations continue apace. The key developments are summarised here.
22 September 2010
Over the past few months, there have been important revisions to two important sets of arbitration rules – the UNCITRAL Arbitration Rules, which are very commonly used for ad hoc (or non-institutional) arbitration; and the Singapore International Arbitration Centre (SIAC) Arbitration Rules, which are the leading rules used for institutional arbitration in Singapore. In addition, the London Court of International Arbitration (LCIA) has recently issued a set of LCIA India Arbitration Rules.
22 September 2010
In August 2010, the International Bar Association Arbitration Committee resolved to form a taskforce on counsel ethics. The mandate of the taskforce is to consider “whether the lack of international guidelines and conflicting norms in counsel ethics undermines the fundamental protections of fairness and equality of treatment and the integrity of international arbitration proceedings”.
23 April 2010
When the Trans Tasman political newsletter broke the news that the draft WTO report in the New Zealand-Australia Apples dispute favoured New Zealand, it also reported that the New Zealand and Australian governments were searching for a negotiated settlement. The New Zealand media has been virtually unanimous in calling for such a settlement. We examine the facts and suggest that there is no pressing need for New Zealand to rush to compromise what appears to be a strong legal position.
23 April 2010
The text of the controversial ACTA has now been made public for the first time. We briefly summarise its import.
23 April 2010
The New Zealand-Hong Kong Closer Economic Partnership agreement has been signed and its text made public for the first time. We briefly summarise its import.
23 April 2010
Negotiations are finally underway for the expanded Trans Pacific Partnership Agreement (the TPP), which – as discussed in the December 2009 edition of Connected Asia Pacific – is intended to be an expanded version of New Zealand’s P4 Agreement with Brunei Darussalam, Singapore and Chile.
23 April 2010
A number of recent international arbitration decisions raise issues relevant to the investment chapters of New Zealand’s FTAs with China, ASEAN and Malaysia.
23 April 2010
Two recent decisions from Singapore underscore the difficulties that can arise when disputing parties disagree over the forum for the dispute.
23 April 2010
Welcome to the first issue of Connected Asia Pacific for 2010. This Brief Counsel focuses on developments in international trade, investment and arbitration in the Asia Pacific region. It is intended to assist exporters, importers and investors from or to New Zealand make the most of the rules which increasingly regulate their cross-border activities.
23 April 2010
The International Bar Association’s Rules of Evidence Review Subcommittee recently released in draft form a revised version of the IBA Rules on the Taking of Evidence in International Arbitration (the revised Rules), the original (and current) version of which came into operation in 1999 and has gained wide acceptance within the international arbitral community.
18 December 2009
The New Zealand and Australian legal systems came a significant step closer last month, with both Parliaments tabling legislation to implement the 2008 Agreement on Trans-Tasman Court Proceedings and Regulatory Enforcement. The majority of these reforms make good sense but the proposed regime will also allow cross-border enforcement of certain regulatory sanctions, which raises more difficult questions.
18 December 2009
New Zealand has ended the year with a swathe of good news on the free trade agreement front.
18 December 2009
The Seventh WTO Ministerial Conference, held in Geneva from 30 November to 2 December 2009, did not achieve much. Expectations were not high and the results did not defy those expectations. The Conference was not a formal part of the stalled Doha Development Agenda, but it was an opportunity for political will to be shown. Instead, the outcome was a resolution for political will to be shown sometime in 2010.
18 December 2009
On 8 December 2009 New Zealand Trade and Climate Change Negotiations Minister Tim Groser made waves by expanding upon his previous suggestion in May 2009 that a new climate change deal (if there is one) or possibly a completed Doha Roundthe Doha Round (if it is completed) should insert a “peace clause”, similar to that which existed in Article 13 of the WTO Agriculture Agreement. New Zealand has now informally proposed a “5-7 year moratorium” on challenging climate change policy tools under WTO rules.
18 December 2009
The Rudd Government tabled on 25 November 2009 the International Arbitration Amendment Bill 2009 in an attempt to update and transform Australia’s arbitration law into a more modern form.
18 December 2009
Welcome to the final issue of Connected Asia Pacific for 2009. This Brief Counsel focuses on developments in international trade, investment and arbitration in the Asia Pacific region. It is intended to assist exporters, importers and investors from or to New Zealand make the most of the rules which increasingly regulate their cross-border activities.
12 October 2009
Chapman Tripp Principal Daniel Kalderimis has been selected as one of the world’s pre-eminent commercial arbitration specialists by Global Arbitration Review’s International Who’s Who of Commercial Arbitration 2010.
16 August 2009
In recent days, both Australia and New Zealand have announced changes to their screening criteria for the admission of foreign investment. This article looks at the recent developments, on both sides of the Tasman, in view of evolving international investment obligations and offers some thoughts as to some key legal and political issues to be taken into account.
16 August 2009
China’s WTO honeymoon, which began with its accession in 2001, is now over. For the first six years, China was not the object of any adverse WTO decisions. However, with the release of a new Panel report on 12 August 2009, China has now been found in breach of WTO rules for the third time since 2008. All three cases have been brought by the United States, either alone or with other member states.
16 August 2009
Sir Ian Barker, the former New Zealand judge, chaired an international arbitral tribunal which on 1 July 2009 issued an award in an investment treaty dispute between a German investor and Thailand. The investor was a minority shareholder in a consortium hired to build and operate a toll highway.
16 August 2009
Hong Kong and Singapore are racing each other to amend their respective arbitration laws to ensure that they remain current and user-friendly.
16 August 2009
On 31 July 2009, the Capital Market Development Taskforce issued an Interim Report, which was welcomed by the Government. The Report is relatively detailed for an interim assessment and explores some of the reasons for New Zealand’s persistently thin capital markets.
16 August 2009
Connected Asia Pacific is intended to assist exporters, importers and investors from or to New Zealand to make the most of the rules which increasingly regulate their cross-border activities. We hope you find it helpful and would appreciate any feedback which would help us to target it toward your needs and interests.
24 July 2009
Chapman Tripp partner Nick Wells was interviewed on TVNZ's NZI Business program on 24 July 2009. In this interview Nick discusses moves by the government to ease the rules around foreign investment.
07 July 2009
There has been significant domestic attention focused on the Select Committee reviewing New Zealand’s Emissions Trading Scheme, which is yet to report back to Parliament after hearing submissions in May 2009. At the same time, other countries’ domestic developments have been continuing apace. The most important new development is the emissions trading legislation passed at the end of June by the US House of Representatives, which President Obama has called an “extraordinary step” and urged the Senate also to approve.
07 July 2009
The New South Wales Treasurer announced in its June 2009 state budget a measure which would subsidise local public procurement bids by up to 20% over non-local rivals.
07 July 2009
The Privacy (Cross Border Information) Amendment Bill is currently before the Justice and Electoral Select Committee. The Bill seeks to amend the Privacy Act 1993 to introduce new rules to govern the cross-border transfer of personal data, and to facilitate the cross-border enforcement of privacy laws.
07 July 2009
The Anti-Money Laundering and Countering Financing of Terrorism Bill is now before the Foreign Affairs, Defence and Trade Select Committee with submissions due by 6 August 2009.
07 July 2009
Welcome to the third issue of Connected Asia Pacific, Chapman Tripp's monthly Brief Counsel focused on developments in international trade, investment and arbitration in the Asia Pacific region.
16 June 2009
Linda Clark interviews Daniel Kalderimis on the US's reintroduction of dairy export subsidies.
15 June 2009
The United States’ decision to follow the European Union in imposing dairy export subsidies has raised concerns here of a costly trade war between the US and the EU, with New Zealand caught in the middle.
05 June 2009
Welcome to the second issue of Connected Asia Pacific, Chapman Tripp's monthly Brief Counsel focused on developments in international trade, investment and arbitration in the Asia Pacific region.
04 June 2009
On 22 May 2009, the US announced the reintroduction of dairy export subsidies, claiming that its hand was forced by similar EU measures from January 2009. The New Zealand media responded with indignant protests against “protectionism”: the Dominion Post headline declared “Trade Wars: Kiwis’ standard of living at risk”. Both the New Zealand Herald and the Otago Daily Times reiterated fears of a costly trade war between the US and the EU, with New Zealand caught in the middle. Is this hyperbole or a bona fide disaster? In this feature we look at what the US has done, whether it is legal and what are its implications for the world trading system.
04 June 2009
Since late 2008 New Zealand has been involved in discussions, led by the US and Japan and including Australia, Canada, the European Union, Japan, Korea, Mexico and Switzerland, over the development of Anti-Counterfeiting Trade Agreement.
04 June 2009
Last month we offered an update on the Trans-Tasman Court Proceedings and Regulatory Enforcement Treaty signed in July 2008 (Trans-Tasman Treaty). In considering how this test may be applied, it is interesting to revisit the High Court of Australia’s November 2008 decision.
14 May 2009
Daniel Kalderimis of Chapman Tripp explores a new venture in international law-making.
07 May 2009
Connected Asia Pacific is Chapman Tripp's new monthly Brief Counsel focused on developments in international trade, investment and arbitration in the Asia Pacific region.
04 May 2009
Cross-border business typically involves a range of activities – from exporting goods, to providing services to an overseas client, to establishing a joint venture with a foreign partner. Often not widely understood is that these different activities are regulated through different international legal mechanisms and receive differing levels of protection.
04 May 2009
On 8 April 2009, the Foreign Affairs, Defence and Trade Committee of the New Zealand Parliament reported back on the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA). AANZFTA will enter into force on 1 July 2009, provided Australia, New Zealand and at least four ASEAN countries have notified completion of necessary domestic procedures by that date.
04 May 2009
On 21 February 2009, during a visit by New Zealand Trade Minister Tim Groser, New Zealand and India agreed to launch bilateral free trade agreement negotiations. On 9 April 2009, Mr Groser announced that New Zealand and Japan are establishing a Joint Officials Group to examine ways to further develop their bilateral trade and investment relationship.
04 May 2009
On 2 April 2009, the New Zealand Treasury released a ‘blue-sky’ paper entitled International Connections and Productivity: Making Globalisation Work for New Zealand (Productivity Paper 09/01).
04 May 2009
Since December 2007, New Zealand has been involved in a WTO dispute with Australia contesting certain restrictions Australia places on the import of New Zealand apples (said to relate to risks of the diseases of fireblight and European canker).
04 May 2009
Plans by the Australian and New Zealand Governments to introduce legislation this year to implement the Trans-Tasman Court Proceedings and Regulatory Enforcement Treaty (signed on 30 July 2008) were the lead agenda item when the Standing Committee of Attorneys-General met on 17 April 2009 in Canberra.
08 April 2009
The Trade (Safeguard Measures) Bill 2008 is now before Parliament. This Brief Counsel examines the Bill and identifies some potential issues for business.
30 March 2009
Chapman Tripp partner Tim Williams has been appointed to the Technical Reference Group charged with assisting the Government in the review of the Overseas Investment Act.
17 March 2009
The Government review of the overseas investment regime was today welcomed by Chapman Tripp.
04 March 2009
The acquisition of lifestyle blocks by overseas persons in New Zealand is governed by the Overseas Investment Act 2005 (Act) and the Overseas Investment Regulations 2005 (Regulations). This article explains who qualifies as an "overseas person" and outlines how the Act impacts the acquisition of lifestyle blocks by such persons.
20 February 2009
Chapman Tripp partner Nick Wells was interviewed by TVNZ on 20 February 2009. The interview addresses our recent Counsel publication “Removing the muddle from the Overseas Investment Act”.
10 February 2009
The Overseas Investment Act 2005 (the Act) was intended to provide greater protection to “iconic” sites while ensuring a liberal foreign investment regime and reducing compliance costs where feasible. Currently, however, technicalities in the Act are preventing it from achieving the second and third of these objectives. The Act itself, and the regulations supporting it, need to be amended to remove some of the unnecessary “clutter” which is giving rise to these problems.