Arbitration is an important alternative to litigation for resolving disputes.
Arbitration can have many advantages over litigation, including confidentiality, informality, speed and flexibility. The parties appoint one individual or a panel of three to make a binding decision, which can then, if necessary, be enforced in court.
Since the adoption of the UNCITRAL Model Law by New Zealand in 1996, domestic arbitrations between New Zealand parties have increased considerably. The Model Law is now used by most of New Zealand’s trading partners in the Pacific Rim and has enhanced New Zealand’s reputation as both a venue for arbitrations and the location of competent and experienced arbitrators.
Our members are experienced arbitration lawyers. In addition to acting as counsel in your arbitral dispute, they can advise you on all aspects of an arbitration, including drafting dispute resolution and jurisdiction clauses; arbitration-related court applications; your choice of decision-maker for a dispute; and arbitral procedure and strategy. They have also appeared as counsel in some of the leading arbitration cases which have come before the New Zealand courts. Many of our members have also participated in domestic commercial arbitrations as e arbitrator.
Some of our members are also experienced international arbitration practitioners, acting as counsel and/or arbitrators in complex commercial and investment-treaty disputes. Members have sat as arbitrators or appeared as counsel in international arbitrations under the auspices of the Hong Kong International Arbitration Centre (HKIAC), the Singapore International Arbitration Centre (SIAC), the London Court of International Arbitration (LCIA), the ICC (International Chamber of Commerce, Paris), the International Centre for Settlement of Investment Disputes (ICSID, Washington DC) and the Permanent Court of Arbitration (PCA, The Hague).
John Walton looks at developments aﬀecting arbitration in New Zealand over the last year.