Daniel Kalderimis

With over 20 years’ experience, Daniel is an effective and proven advocate who provides an edge in complex commercial and public law disputes. Daniel is invaluable to have on your side in a difficult case, bringing clarity, creativity, insight and impact across the full range of trial, appellate and ADR procedures.

Formerly a senior litigation partner at Chapman Tripp, Daniel has appeared at all levels of the New Zealand court system and in numerous arbitrations and mediations.  

Clients describe him as “a sharp, skilled advocate", who is “extremely easy to work with" and “excellent in landmark cases" (Legal 500, 2016-2020).  

Daniel also provides advice and representation on a wide range of international legal issues.  With world-class expertise in public and private international law, cross-border litigation and international arbitration, he publishes widely and has for many years been listed in Who's Who Legal: Arbitration, which says “he has real genius and a razor-sharp understanding of legal issues, which he translates into effective advocacy" (2019).

Daniel is active before the courts in the emerging area of legal duties and climate change.

Daniel is recognised as a leading lawyer in Chambers Asia Pacific 2021 and Chambers Global 2021, and as a leading individual for dispute resolution in Legal 500 Asia Pacific, where he is included in the Hall of Fame for having been listed for eight consecutive years. 

 “Clients say that Daniel is extremely smart, a great communicator and a really compelling advocate.” – Chambers (2018).

• Experience

  • Daniel’s areas of practice span a wide compass of commercial litigation and administrative law.

    Daniel has particular experience in:

    • contract and commercial disputes (including between joint ventures and shareholders, relating to directors’ duties, and involving tort and equity)

    • arbitration and mediation

    • cross-border disputes

    • climate change and the law

    • administrative law/statutory interpretation and judicial review

    • insolvency, including Parts 14 to 16 of the Companies Act and acting for receivers and liquidators

    • white-collar crime and fraud, including bribery and corruption, money laundering and corporate regulatory offences

    • business and human rights (including fiduciary duties, ESG and business integrity best practice), and sports law.

    • A detailed experience list, including reported decisions, can be found at danielkalderimis.co.nz.

    Examples of Daniel’s experience includes:

  • 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 (eg, Interlact Ltd v Fonterra TM Ltd [2017] NZHC 1086 (successful summary judgment and strike out of contract claim)), breach of confidence and defamation

    • 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)

  • Arbitration and mediation

    • One of New Zealand’s most experienced arbitration counsel

    • 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 private equity company in a post-M&A dispute

    • Acted for a New Zealand corporate in an arbitration involving restitutionary claims arising under a supply agreement

    • Represented a United Kingdom investor against the Republic of Indonesia, in the first bilateral investment treaty arbitration hearing held in New Zealand

  • Cross-border disputes

    • 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 award)

    • See more details about my international experience

  • 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)

    • Co-author (with Nicola Swan) of public legal opinion on climate change and its intersection with director and investment duties, as well as practical toolkit for directors addressing climate change issues

  • Administrative law and judicial review

    • 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.)

  • 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 ongoing 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

  • Corporate crime, fraud and bribery and corruption

    • 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

    • Co-author, for Business NZ, of toolkit for New Zealand businesses operating overseas on managing bribery and corruption risks

  • Business and human rights

    • Advising New Zealand entity conducting human rights due diligence pursuant to the United Nations Guiding Principles on Business and Human Rights

    • Has given detailed advice on environmental, social and governance considerations and investment obligations

  • 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)

• Professional Recognition

  • Fellow, Arbitrators’ and Mediators’ Association

  • Adjunct lecturer, Victoria University of Wellington

  • Fulbright Buddle Findlay Award in Law (2002)

• Professional Activities

  • Convenor, New Zealand Law Society Civil Litigation and Tribunals Committee

  • Member, Rules Committee

  • Moderator (contract law), New Zealand Council of Legal Education

  • New Zealand National Correspondent to UNCITRAL for the Model Law on International Commercial Arbitration and the New York Convention

  • New Zealand representative to the ICC Commission

  • Member, AMINZ Arbitration Appeals Tribunal, Appointments Advisory Panel and International Arbitration Committee

  • Faculty Member, New Zealand Law Society Litigation Skills Programme

  • Member, LCIA Asia Pacific Users’ Council

  • Member, SIAC Asia Pacific Users’ Council

  • Member, American Society of International Law

  • Member, Twenty Essex, Singapore

• Publications and Seminars

  • I speak regularly at conferences and seminars. A full list of publications can be found in my curriculum vitae

• Qualifications

  • LLM, Columbia Law School

  • LLB Hons (First Class), Victoria University of Wellington (graduating first in class)

  • BA (English and Philosophy), Victoria University of Wellington

  • Admitted to practice in New Zealand (1999), New York (2005) and England & Wales (2006)

daniel.kalderimis@chambers.co.nz

+64275995839

+6444982409

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