Arbitration
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 an 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).
.svg){kind=icon}
.svg){kind=icon}
Insights
View AllResources
View AllFebruary 26, 2024
Gender Diverse / Women Arbitrators
This resource provides a list of some practitioners accepting arbitration appointments in New Zealand.
Download ResourceOctober 16, 2023
HKIAC - UNCITRAL Model Law on Cross-Border Insolvency (1997) with Guide to Enactment and Interpretation (2013)
Download ResourceOctober 16, 2023
HKIAC - FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKPC 33
Download ResourceOctober 16, 2023
HKIAC - Syska and another v Vivendi Universal SA and others [2009] 2 All ER (Comm) 891 (CA)
Download ResourceOctober 16, 2023
HKIAC - INSOL International Special Report on Arbitration and Insolvency Disputes (29 Jul 2020)
Download ResourceOctober 16, 2023
HKIAC - King River Digital Assets Opportunities SPC v Salerno [2023] NSWSC 510
Download ResourceOctober 16, 2023
HKIAC - Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41 (10 November 2022)
Download ResourceOctober 16, 2023
HKIAC - Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors [2023] UKSC 32
Judgment: Republic of Mozambique (acting through its Attorney General) (Appellant) v Privinvest Shipbuilding SAL (Holding) and others (Respondents). Judgment given on 20 September 2023. Heard on 24 and 25 January 2023
Download ResourceJune 17, 2022
Arbitration Template: Scott Schedule
Scott schedules are common in construction arbitration. They are also deployed in construction litigation. They enable the parties to identify the key issues between them and to identify the documents that are relevant to those issues. They can help simplify often highly factually complex disputes.
Download ResourceJune 17, 2022
Arbitration Template: Preliminary Conference Checklist
This template provides a helpful starting point for the types of issues a party should be considering before the first procedural conference with the arbitral tribunal.
Download ResourceJune 17, 2022
Arbitration Template: PO1 and Timetable
The Tribunal’s first procedural order and timetable should be a carefully crafted document, ensuring that the parties have identified a procedure that is fit for their dispute. This template provides a starting point for the issues the parties may wish to consider, including the scope of document production and the manner in which witness evidence is adduced.
Download ResourceJune 17, 2022
Arbitration Template: Memorial
A memorial-style submission is a more detailed pleading, accompanied by a party’s full evidence (fact and expert) and legal case. Memorials have proven to be effective in international arbitration. They front load the work thereby enabling parties to understand much earlier on in a proceeding where the respective strengths and weaknesses may lie. They can also encourage early settlement.
Download ResourceJune 17, 2022
Arbitration Template: Hearing Schedule
In the international arbitration arena, hearing schedules have become part and parcel of good practice and time management at hearings. There is no reason why they should not be used more often in domestic arbitrations. This schedule adopts the so-called “chess clock” method of time allocation and enables the parties to sketch out their agreed structure for the hearing. Hearing schedules save time by encouraging discipline on each side.
Download ResourceJune 17, 2022
Arbitration Template: Appointment Agreement
If the arbitration is not an institutional arbitration (e.g. under the NZDRC or other rules), the parties’ appointment of the arbitrator is a key document. This template provides an example agreement as a starting point.
Download ResourceJune 17, 2022
Arbitration Template : Agreed List of Issues
An agreed list of issues can be compiled at any stage in an arbitration. Many arbitrators encourage the parties to seek such agreement in order to narrow the issues in dispute and in order to focus the hearing. This can also be used after a hearing to assist the arbitrator in writing its award.
Download ResourceJune 17, 2022
Designing an Arbitration that is Fit for Purpose
This presentation was for the AMINZ 2019 conference. Drawing on the presenters’ experience as both arbitrators and counsel, it provides tips for running arbitrations more effectively. The presentation is supported by eight templates (see separate resources), relevant to each stage of an arbitration
Download Resource