Last year I posted on the New Zealand High Court’s decision in Ngāti Hurungaterangi & Ors v Ngāti Wahiao [2016] NZHC 1486. The High Court rejected the plaintiffs’ claim that an arbitral award was inadequately reasoned and should be set aside. The Court described the panel’s reasoning as “undeniably sparse” but held by a “fine…

Lawyers might sometimes wish for Solomonic justice; that parties would agree to “split the difference” or that someone would do it for them. Where, however, it appears that such an approach has been taken by an arbitral panel—in substitution for a carefully reasoned decision—the lack of engagement with their arguments is likely to leave the…

Most arbitration agreements in the international realm require arbitrators to produce a “reasoned” or “fully reasoned” award. However, relatively little has been written on why such awards are necessary and what constitutes a reasoned award in a legal regime that includes elements of both the common and civil law. On one level, the question of…