ARBITRATION RULES

Our extensive knowledge and experience enables us to develop a comprehensive understanding of the community’s commercial and business needs and to constantly deliver sound, commercially relevant, innovative, and effective dispute resolution services.

NZDRC has developed a suite of commercial arbitration Rules and procedures which have increased the efficiency and potency of arbitration as a modern dispute resolution procedure.

The procedures covered by NZDRC's Rules are intended to give parties the widest choice and the capacity to adopt fully administered procedures which are fair, prompt and cost effective and which provide a proportionate response to the amounts in dispute and the complexity of the issues involved.

These processes include:

Expedited Commercial Arbitration within 45 days (on the documents)

The Overriding Objective is to enable the Arbitrator to produce a Final Award including a determination as to costs within forty five (45) working days from the date upon which NZDRC communicates acceptance of the Arbitrator’s appointment to the parties.

Click here to download a Sample Agreement & Rules (ECA45)

Expedited Commercial Arbitration within 60 days

The Overriding Objective is to enable the Arbitrator to produce a Final Award including a determination as to costs within sixty (60) working days from the date upon which t NZDRC communicates acceptance of the Arbitrator’s appointment to the parties.

Click here to download a Sample Agreement & Rules (ECA60)

Expedited Commercial Arbitration within 90 days

The Overriding Objective is to enable the Arbitrator to produce a Final Award including a determination as to costs within ninety (90) working days from the date upon which NZDRC communicates acceptance of the Arbitrator’s appointment to the parties.

Click here to download a Sample Agreement & Rules (ECA90)

Arbitration Rules for Administered Domestic Commercial Arbitration

These Rules are the Rules of Arbitration of NZDRC for domestic commercial arbitration and may be referred to as the NZDRC Arbitration Rules.

Where parties have agreed to refer their disputes to NZDRC for arbitration, or to arbitration administered by NZDRC, or words to the same effect, the parties will be deemed to have agreed that the arbitration shall be governed by and conducted in accordance with these Rules, subject to such modification as the parties may agree in writing.

These Rules came into force on 1 December 2010 and unless the parties have agreed otherwise, these Rules shall apply to any arbitration commenced after that date.

Click here to download the NZDRC Arbitration Rules (DCA Rules)

Bespoke Commercial Arbitration

NZDRC specialises in the preparation of Bespoke Commercial Arbitration processes to meet the varied and specific needs of parties.

Such Bespoke Commercial Arbitration Agreements are generally an amalgam of elements from NZDRC's standard form Arbitration Agreements together with the particular procedural requirements of the parties which in some cases may closely mirror the formal procedures and Rules of the High Court.

Expert witnesses

NZDRC's Rules incorporate Guidelines for Expert Evidence to assist experts, parties and their advisers understand experts’ obligations and NZDRC's expectations in relation to the preparation of reports, joint conferences of experts and the taking of concurrent evidence.

The Rules require adherence to NZDRC's Expert Witness Code of Conduct.

Administered Arbitration

By incorporating NZDRC's Rules into contracts, or agreeing to refer existing disputes to arbitration under NZDRC's Rules, there are significant benefits for parties including:

that the arbitration will take place within a recognised and established procedural and administrative framework:

pursuant to comprehensive, clear and proven arbitration rules on which the parties can rely, including mechanisms for appointment and challenges to arbitrators;
with the administrative assistance of an experience professional secretariat which will help the parties and the arbitrators on a wide variety of procedural issues.

NZDRC has a detailed knowledge of, and access to, the most eminent and appropriately qualified and experienced arbitrators;

NZDRC can assist the parties with the appointment of arbitrators and is best placed to make a default appointment;

if the parties are unable to agree on an arbitrator; or
in the case of a three person arbitral tribunal, to complete the composition of such a tribunal where a party refuses to appoint an arbitrator, or where the appointed arbitrators fail to select the third arbitrator within the required period of time

NZDRC acts as an appellate body in cases of challenge to the independence or impartiality of an arbitrator;

NZDRC carries out quality control over the work of the arbitrators appointed under its Rules by reviewing awards and monitoring the progress of proceedings;

NZDRC acts as a secure and independent stakeholder and fund holder:

NZDRC holds and manages deposits as security for the arbitrator’s fees and expenses, disbursing funds when required and accounting to the parties for sums held and disbursed;
NZDRC will act as a stakeholder for disputed monies.

NZDRC's established Rules safeguard due process and the quality and enforceability of awards minimising the potential for uncertainty and opportunity to delay or derail the process.