Technology Dispute Resolution New Zealand | 109 Chambers

Technology and complex commercial disputes

Technology disputes often involve a combination of contractual interpretation, technical evidence, project history and competing expectations about what a system was required to deliver.

Effective dispute resolution requires the legal and technical issues to be organised clearly rather than treated as separate and disconnected problems.

Disputes may involve

  • software-development agreements;
  • project scope and specifications;
  • development milestones;
  • implementation delays;
  • acceptance testing;
  • alleged defects or non-performance;
  • source code or technical documentation;
  • licensing arrangements;
  • digital platforms and online services;
  • data and information systems; and
  • disagreements between technical and non-technical participants.

Mediation and arbitration

Depending on the parties’ objectives, a technology dispute may be addressed through:

  • commercial mediation;
  • arbitration;
  • an expedited or documents-only process;
  • preliminary neutral evaluation;
  • independent legal advice; or
  • a tailored combination of processes.

Martin Dillon

Martin Dillon accepts appointments as mediator and arbitrator in technology and technically complex commercial disputes.

Alongside his legal practice, Martin has experience designing and developing software and complex information systems. This assists him in understanding technical evidence, system requirements, development processes and communication between lawyers, decision-makers and technical specialists.

Appointments are available throughout New Zealand and internationally where appropriate. Proceedings may be conducted online, in person or through a hybrid process.