Aceris Law is pleased to announce that it has secured another favourable outcome for an international technology company in a cross-border dispute arising from a multi-year software licensing and services agreement. The dispute had remained unresolved for more than a year before Aceris Law was instructed.
The agreement was governed by New Zealand law and provided for ad hoc arbitration seated in New Zealand. The dispute concerned the counterparty’s failure to pay substantial invoices and its subsequent attempt to challenge or restructure its contractual payment obligations.
Aceris Law was instructed to assess the client’s claims and devise a strategy for enforcing its rights under the agreement. The firm conducted a detailed analysis of the contractual framework, the parties’ correspondence and the remedies available under New Zealand law.
The matter raised issues concerning the interpretation of payment provisions in long-term software agreements, the legal consequences of persistent non-payment and the circumstances in which a party’s words and conduct may amount to contract repudiation under New Zealand law.
Aceris Law prepared a comprehensive submission setting out the contractual and legal basis of the client’s claims, rebutting the counterparty’s principal defences and addressing the consequences of continued non-performance. The firm also invoked the agreement’s dispute-resolution mechanism and preserved the client’s claims for the amounts due, damages, interest and legal costs.
Following Aceris Law’s intervention, the matter was resolved on favourable terms. The client recovered the full amount sought, together with a contribution toward the legal fees it had incurred.
The result again demonstrates Aceris Law’s ability to manage international disputes efficiently and strategically, including matters involving less commonly encountered governing laws and ad hoc arbitration clauses. By combining rigorous legal analysis with focused advocacy and commercial judgment, the firm placed the client in a strong position and achieved a successful recovery.
Aceris Law regularly represents companies, States and individuals in international commercial and investment arbitrations worldwide, providing first-rate advocacy on a transparent and cost-effective basis. This result adds to the firm’s substantial track record of successful outcomes in international disputes spanning more than a decade and numerous sectors, including complex matters involving software licensing, technology services and cross-border payment obligations.
Unlike many firms, Aceris Law does not seek to maximise billable hours or legal fees at its clients’ expense. Its aim is to provide world-leading international arbitration representation in genuine partnership with its clients, ensuring that each client receives the highest quality advocacy without inflated fees.
If you are a party to an international commercial dispute and are considering arbitration, please contact Aceris Law for more information.
