Daniel Kalderimis has over 20 years’ experience as a versatile, effective and proven advocate who provides an edge in a wide range of complex disputes.
With broad experience and interests, he has a dedicated focus on advocacy in international arbitrations across the Asia-Pacific region. Daniel is also active in commercial and public law litigation, including in the emerging area of legal duties and climate change.
Daniel has appeared at all levels of the New Zealand court system and before numerous international tribunals in Singapore, London and elsewhere. Until December 2020, he was a partner in the dispute resolution team of Chapman Tripp where, after returning from practising international arbitration and public international law at Freshfields Bruckhaus Deringer LLP in London, he founded and led the firm’s international law practice. He is admitted in New Zealand, New York and England & Wales.
Daniel is widely recognised for his expertise in international arbitration, public and private international law and cross-border dispute resolution. He regularly acts as counsel in international arbitrations and has experience as an ICC arbitrator. Daniel acted on the first bilateral investment treaty arbitration held in New Zealand. Daniel is New Zealand’s national correspondent to UNCITRAL for the New York Convention and the Model Law.
Daniel has taught at Columbia Law School, Victoria University of Wellington Law School and Otago Law School. He is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand.
He is recognised as a leading individual in dispute resolution in Chambers Global, Chambers Asia Pacific and The Legal 500 (where he is listed in the Hall of Fame for eight successive years of inclusion) and has, for a decade, been recommended by Who’s Who Legal: Arbitration.
Daniel resides in New Zealand and is a member of Thorndon Chambers in Wellington and Richmond Chambers in Auckland. His international practice is conducted through Twenty Essex in Singapore.
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Example cases
- Bathurst Resources Ltd v L&M Coal Holdings [2020] NZCA 186, [2018] NZHC 2127 − acted in significant contract law case involving US$40m debt claim and arguments concerning interpretation, implication and proper exercise of contractual discretions, now before the Supreme Court (decision reserved).
- Smith v Fonterra Co-operative Group Ltd (2020) 21 ELRNZ 634 − acting for respondents in climate change test case, now before the New Zealand Court of Appeal.
- Mohammed v Guardians of New Zealand Superannuation (2020) 25 PRNZ 205, [2021] NZHC 512 − successful intervention application in judicial review proceeding, in order to make public international law arguments, including relating to sovereign immunity and act of state.
- New Zealand Steel v Minister of Commerce and Consumer Affairs [2019] 2 NZLR 525 − acted in successful judicial review of Ministerial decision not to impose countervailing duties on allegedly subsidised steel imports from China. The decision was remade and again reviewed.
Arbitration
- One of New Zealand’s most experienced arbitration counsel, active across the Asia-Pacific region. Has acted in UNCITRAL, ICC, SIAC, LCIA, ICSID and SCC proceedings and as an arbitrator.
- Acted for Fonterra in significant Singapore UNCITRAL arbitration relating to product supply.
- Acted for a New Zealand company in two Singapore SIAC arbitrations relating to the construction of geothermal power stations in Indonesia.
- Acted for a Singapore investor in an oil and gas dispute (London seat).
- Represented a United Kingdom investor against the Republic of Indonesia, in the first bilateral investment treaty arbitration hearing held in New Zealand.
- Acting with respect to New Zealand’s first ICSID award recognition application.
- Acting in an arbitration against relating to a corporate change of control clause and including procedural cross-border assistance issues.
- Acted for a financial services company in a joint venture dispute relating to a US financial institution (London seat).
- Acted for a private equity company in a post-M&A dispute (Luxembourg seat).
- Acted, for an investor in Russian mobile phone company MegaFon, in Stockholm arbitration proceedings involving complex conflicts of laws and civil fraud issues.
Cross-border litigation
- Republic of Kazakhstan v Mega Ltd [2016] NZAR 810, (2016) 10 HRNZ 707 − successful application for orders that evidence be provided in support of letter of request from New York court.
- Dalian Deepwater Developer Ltd v Dybdahl [2015] NZLR 260 − successful application, under the Evidence Act 2006, for a New Zealand witness to be compelled to give evidence in a London LCIA arbitration.
- Discovery Geo Corporation v STP Energy Pte Ltd [2013] 2 NZLR 122 − successfully resisting interim orders sought in relation to ICC arbitration.
Public international law
- Mohammed v Guardians of New Zealand Superannuation (2020) 25 PRNZ 205, [2021] NZHC 512 − successful intervention application in judicial review proceeding, in order to make public international law arguments, including relating to sovereign immunity and act of state.
- Advising New Zealand entity conducting human rights due diligence pursuant to the United Nations Guiding Principles on Business and Human Rights.
- New Zealand Steel v Minister of Commerce and Consumer Affairs [2019] 2 NZLR 525 − acted in case involving detailed consideration of international trade law obligations. The decision was remade and again reviewed.
- Has given detailed advice on environmental, social and governance considerations and investment obligations.
Commercial litigation
- Bathurst Resources Ltd v L&M Coal Holdings [2020] NZCA 186, [2018] NZHC 2127 − significant contract law case involving US$40m debt claim, with Supreme Court decision presently reserved.
- Acting for Fonterra in a range of corporate and commercial disputes involving breach of contract (e.g, Interlact Ltd v Fonterra TM Ltd [2017] NZHC 1086 (successful summary judgment and strike out of contract claim)), breach of confidence and defamation.
- Acting for Morrison & Co in respect of Hong Kong joint venture dispute.
- National Plant and Equipment Pty Ltd v P Mundy Heavy Equipment [2020] NZHC 1201 – successful summary judgment application, based on constructive trust and unjust enrichment, leading to increased costs award.
Climate change and the law
- Smith v Fonterra Co-operative Group Ltd (2020) 21 ELRNZ 634 (HC) (strike-out application in respect of climate change test case, now before the New Zealand Court of Appeal).
Energy and natural resources
- Bathurst Resources Ltd v L&M Coal Holdings [2020] NZCA 186, [2018] NZHC 2127 − significant contract law case involving US$40m debt claim, with Supreme Court decision presently reserved.
- Acted for Australian construction company in arbitration against New Zealand’s former state-owned coal enterprise, relating to opencast mining dispute.
- Acted for a Singapore investor in an oil and gas London arbitration; also successfully resisting interim orders sought in relation to ICC arbitration: Discovery Geo Corporation v STP Energy Pte Ltd [2013] 2 NZLR 122.
- Acted for BP in oil and gas dispute relating to Algeria.
- Advised Mobil in respect of gas pricing arbitration disputes.
Public law
- Mohammed v Guardians of New Zealand Superannuation (2020) 25 PRNZ 205, [2021] NZHC 512 − successful intervention application in judicial review proceeding, in order to make public international law arguments, including relating to sovereign immunity and act of state.
- New Zealand Steel v Minister of Commerce and Consumer Affairs [2019] 2 NZLR 525 − successful judicial review of Ministerial decision not to impose countervailing duties on allegedly subsidised steel imports from China. The decision was remade and again reviewed.
Civil fraud
- Represented respondent in respect of significant restraint and forfeiture application under New Zealand’s criminal proceeds legislation.
- Acted for an offshore bank in successfully securing New Zealand freezing orders to protect assets following fraud.
- Counsel in international arbitration involving allegations of money laundering, fraud and corruption in relation to Russia and Bermuda.
Insolvency
- Cargill International SA v Solid Energy New Zealand Ltd [2016] NZHC 1817 − successful opposition, on behalf of consortium of banks, to attempt to set aside deed of company arrangement resulting from voluntary administration process.
- Financial Markets Authority v PTT [2016] NZHC 692 − one of many rulings in judicial supervisory process relating to asset protection orders, receiverships and liquidations arising out of fraudulent business and investment scheme.
- Acted for the receivers of Strategic Finance Ltd in successfully settling claims against the former directors and auditors of that company following the 2008-9 global financial crisis.
Sports law
- Ryan Taylor v New Zealand Olympic Committee, Sports Tribunal, 28 July 2016, ST 02/12 − non-selection challenge for the Rio de Janiero Olympics.
- Marteletti v Athletics New Zealand, Sports Tribunal, 28 July 2016, ST13/16 − non-selection challenge for the London Olympics.
