Browsing by Author "Peter, Irene"

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Dissenting Opinions in International Arbitration
(Te Herenga Waka—Victoria University of Wellington, 2012) Peter, Irene; McLachlan, Campbell
Contemporary international arbitration has less to risk and more to gain from dissent than ever before. This paper contends that international arbitration has matured to the extent that, the potential role for dissent is comparable in scope and value, to the established role dissent has in the common law court and International Court of Justice. The author argues that the full value of dissent can now be realised because the risks posed are less and moreover, can be adequately managed. Domestic legal systems, and institutional arbitral regimes alike, have established practices, which serve to reduce the threat traditionally posed by dissent. The author asserts that further targeted regulation is necessary in order to maximise the benefits provided by dissent and reduce the associated risks.
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Making the Case for Statutory Expansions of Unconscionability
(Te Herenga Waka—Victoria University of Wellington, 2011) Peter, Irene
This paper makes a case in favour of the statutory expansion of the equitable doctrine of unconscionability. By way of background, the paper investigates: the theoretical origins of unconscionability, the role of the doctrine within the law of contract and the elements required to satisfy the doctrine. This is followed by consideration of the present doctrine’s limitations and inadequacies. The paper then compares statutory enhancement of the doctrine in New Zealand with the more comprehensive approach taken in Australia. The paper considers the benefits and addresses the potential disadvantages of adopting a comprehensive statutory expansion of the doctrine in New Zealand. The author concludes that New Zealand legislators ought to adopt unconscionability provisions within present consumer protection legislation, in a comparable form to that taken in Australia.