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1.0 Introduction

 

1.1 These are the Rules of Arbitration of the New Zealand International Arbitration Centre (NZIAC) for international commercial Arbitration and may be referred to as the NZIAC Arbitration Rules (Rules).

 

1.2 Where a dispute has been referred to NZIAC for Arbitration (or words to the same effect), the Arbitration will be conducted in accordance with these Rules (as amended from time to time), subject to such modification as the Parties may agree in writing.

 

1.3 Unless the Parties have agreed in writing that the Arbitration shall be conducted in accordance with a particular version of these Rules, the version of these Rules in effect on the date of the Notice of Arbitration shall apply to the Arbitration. Where the Parties have agreed to apply a particular version of these Rules, the Parties shall be taken to have agreed in writing that the NZIAC Schedule of Fees and Expenses for Arbitration in effect on the date of the Notice of Arbitration shall apply to the Arbitration.

1.4 Where there is any conflict between these Rules and a mandatory provision of the applicable law of the Arbitration (from which the Parties cannot derogate), that mandatory provision shall prevail, and these Rules shall be read accordingly.

 

1.5 NZIAC claims copyright to these Rules and they may only be used by Parties, or intending Parties, to an Arbitration administered by NZIAC.

 

1.6 The functions of NZIAC under these Rules shall be performed by the Registrar and all communications to NZIAC shall be addressed to the Registrar.

 

1.7 Unless the context requires otherwise, in these Rules the following words and expressions shall have the meanings ascribed to them as follows:

 

ACCEPTANCE DATE means the date upon which NZIAC communicates acceptance of the Arbitral Tribunal’s appointment to the Parties.

 

APPLICATION FOR ARBITRATION means an application, in the form from time to time published on the Website, for NZIAC to appoint an Arbitral Tribunal and administer the Arbitration.

 

ARBITRAL TRIBUNAL means any sole arbitrator or panel of arbitrators.

 

ARBITRATION (arbitral proceeding) means an Arbitration conducted under these Rules.

 

ARBITRATION AGREEMENT means a written agreement between the Parties to submit to Arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

 

AWARD means any decision of the Arbitral Tribunal on the substance of the dispute and includes any Interim, Interlocutory, Partial, or Final Award.

 

CLAIMANT means the Party seeking recourse to Arbitration under these Rules and includes one or more Claimants.

 

EXPENSES means the actual disbursements for the Arbitration including, but not limited to: travel, accommodation, meals, taxis, couriers, personal vehicle mileage charges, communication, secretarial and administration services, hireage of hearing rooms, hearing reporting services, transcription services, interpreters, expert or legal advice and any other reasonable costs relating to the conduct of the Arbitration.

 

FEES means any amount due and payable by the Parties to the Arbitral Tribunal for time engaged by the Arbitral Tribunal on the duties of the Arbitration and any cancellation Fees due and payable in accordance with these Rules.

 

NEW ZEALAND INTERNATIONAL ARBITRATION CENTRE (NZIAC) means New Zealand Centre for International Commercial Arbitration Limited, a company incorporated under the Companies Act 1993 (company number 2495757).

 

NOTICE OF ARBITRATION means the written notice issued by the Claimant for the purpose of initiating Arbitration under these Rules.

 

OVERRIDING OBJECTIVE means the Overriding Objective of these Rules set out in Rule 2.2.

 

PARTY means a Party to an Arbitration Agreement or in any case where an Arbitration does not involve all of the Parties to the Arbitration Agreement means a Party to the Arbitration.

 

PURPOSE means the Purpose of these Rules set out in Rule 2.1.

 

REGISTRAR means a Registrar of NZIAC and includes any person deputed to act as a Registrar from time to time.

 

RESPONDENT means any Party against whom a claim is made by a Claimant in an Arbitration and includes one or more Respondents.

 

WEBSITE means the Website for NZIAC which can be found at www.nziac.com

 

1.8  Unless the context requires otherwise, in these Rules:

 

(a) words in the singular shall include the plural and vice versa;

 

(b) words importing a gender include every gender;

 

(c) a reference to “we”, “our”, “us” or “it” means NZIAC;

 

(d) a reference to a “day” is to a 24 hour period commencing New Zealand Standard Time (GMT +12 hours) or to New Zealand Daylight Saving Time (GMT +13 hours), as appropriate; and

 

(e) words defined in the Arbitration Agreement shall have the same meanings in these Rules.

 

 

1.9 Any application, agreement, request, instruction, direction, response, notice or other communication required or referred to in these Rules, or in any Appendix to these Rules, must be made in writing, and if it is in electronic format, must be readily accessible so as to be available for subsequent reference. 

 

2.0 Purpose of these Rules

 

2.1 The Purpose of these Rules is to ensure that the Arbitration is conducted fairly, promptly, and cost effectively, and in a manner that is proportionate to the amounts in dispute and the complexity of the issues involved.

 

2.2 The Overriding Objective is to enable the Arbitral Tribunal:

 

 

(a) to establish the facts of the case by all relevant and legally permissible means; and

 

(b) to produce such Award or Awards as may be necessary to effectively determine the issues in the Arbitration within the shortest period of time reasonably possible following commencement of the arbitral proceeding, having regard to the complexity of the issues and without incurring unnecessary expense.  

 

2.3 To give effect to the stated Purpose and the Overriding Objective, the Parties shall not engage in any conduct likely to disrupt or delay the Arbitration and they agree to be bound by, and to comply without delay with, any timetabling and procedural provisions contained in these Rules and any directions or rulings of the Arbitral Tribunal as to procedural or evidentiary matters.

  

3.0 The Request for Arbitration  

3.1 The Claimant shall communicate to every other Party a Notice of Arbitration including the following:

 

(a) a notice requiring the dispute to be referred to Arbitration;

 

(b) the names and contact details of the Parties including the details for electronic communication where these are available;

 

(c) identification of the Arbitration Agreement that is being invoked;

 

(d) identification of the legal instrument or the relationship out of, or in relation to which, the dispute arises;

 

(e) a brief description of the nature of the dispute;

 

(f) the relief or remedy that is sought; and

 

(g) a proposal for the appointment of an Arbitral Tribunal.

 

3.2 No Notice of Arbitration shall be invalid for any failure to comply strictly with the requirements of Rules 3.1(f) and (g). Any failure to comply with the requirements of Rules 3.1(a) to (e) may be rectified by the Claimant within five (5) working days of receipt of notice of the defect.

 

3.3 The Claimant may, after the expiry of ten (10) working days from the date of service of a valid Notice of Arbitration on every other Party, apply to NZIAC to appoint an Arbitral Tribunal by completing an Application for Arbitration. The Application for Arbitration shall have attached to it, a copy of:

 

(a) the Arbitration Agreement;

 

(b) the Notice of Arbitration;

 

(c) any document recording the Parties’ agreement as to the composition of the Arbitral Tribunal, or, if it exists, any response to a proposal as to the composition of the Arbitral Tribunal;

 

(d) any document recording the Parties’ agreement as to the number of Arbitrators, or, if it exists, any response to any proposal as to the number of Arbitrators; and

 

(e) any document recording the Parties’ agreement as to the preferred expertise of the arbitrator(s), or, if it exists, any response to any proposal as to the expertise of the arbitrator(s).

 

3.4 The Parties shall pay NZIAC the amount prescribed in the Schedule of Fees and Expenses in Appendix 1 to these Rules as security for the Arbitral Tribunal’s Fees and Expenses immediately following the submission of the Application for Arbitration.

 

3.5 No administrative or procedural steps will be taken by NZIAC in relation to the constitution of the Arbitral Tribunal until the amount prescribed for security for the Arbitral Tribunal’s Fees and Expenses has been paid in full.

 

3.6 Any Party may pay the whole of the amount prescribed as security for the Arbitral Tribunal’s Fees and Expenses to secure the immediate appointment of the Arbitral Tribunal.

 

4.0 Periods of Time for the Purpose of the Arbitration

 

4.1 A working day (day) means a day of the week other than:

 

(a) Saturday, Sunday, and any statutory holidays in the home jurisdictions of the Arbitral Tribunal, the Parties and their representatives; and

 

(b) a day in the period commencing on 24 December in any year and ending with the close of 15 January in the following year.

 

4.2 Unless otherwise stated, any period of days under these Rules shall begin on the first working day following the Acceptance Date.

 

4.3 Unless otherwise agreed by all Parties, periods of time fixed by the Arbitral Tribunal for actions by the Parties should not exceed thirty (30) working days.

 

4.4 Any times fixed by the Arbitral Tribunal in accordance with these Rules may be varied by agreement of the Parties. In the absence of such agreement, the Arbitral Tribunal may, in exceptional circumstances, vary the times for actions by the Parties if the Arbitral Tribunal is satisfied that, in the circumstances, the additional time is reasonably required in the interests of justice, and on such terms as to costs or otherwise as the Arbitral Tribunal considers reasonable in the circumstances.

 

  

5.0 Composition and Formation of the Arbitral Tribunal  

 

5.1 Unless the Parties have agreed otherwise, a sole arbitrator shall be appointed as the Arbitral Tribunal. If the Parties fail to agree on a sole arbitrator within ten (10) working days of service of a valid Notice of Arbitration by the Claimant, a sole arbitrator shall be appointed by NZIAC upon application by the Claimant.

 

5.2 In an Arbitration where the Arbitral Tribunal is to be comprised of three arbitrators, and there are two Parties, each Party shall nominate one arbitrator. The two arbitrators shall nominate the third arbitrator who will act as presiding arbitrator. If the second Party fails to nominate an arbitrator within ten (10) working days of service of a Notice of Arbitration, the appointment of the second arbitrator shall be made by NZIAC upon application by either Party. If within five (5) working days after the appointment of the second arbitrator, the two arbitrators have not agreed on the third and presiding arbitrator, the appointment shall be made by NZIAC upon application by either Party.

 

5.3 In an Arbitration where the Arbitral Tribunal is comprised of three arbitrators and there are multiple Parties, the respective groups of multiple Claimants and/or multiple Respondents shall each nominate one arbitrator. The two arbitrators shall nominate the third arbitrator who will act as presiding arbitrator. If either the multiple Claimants or multiple Respondents do not act jointly in appointing an arbitrator within ten (10) working days of service of a Notice of Arbitration, the appointment shall be made by NZIAC upon application by any Party. If within five (5) working days after the appointment of the second arbitrator, the two arbitrators have not agreed on the third and presiding arbitrator, the appointment shall be made by NZIAC upon application by any Party.

 

5.4 In an Arbitration with multiple Parties where such Parties have not agreed that the disputant Parties represent two separate sides for the purpose of the formation of the Arbitral Tribunal, as Claimant and Respondent respectively, NZIAC shall, at the request of any Party, appoint the Arbitral Tribunal, and in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrator.

 

5.5 Where NZIAC is empowered to appoint an arbitrator under these Rules, it may require from each Party such information as it deems necessary to fulfill its function. NZIAC will have regard to such information but will not be bound by it in making such appointment as it sees fit.

 

5.6 Where it appoints an arbitrator under these Rules, NZIAC will have regard to, but is not bound to apply, the International Bar Association Guidelines on Conflicts of Interest in International Commercial Arbitration current at the Date of the Notice of Arbitration, and NZIAC will take into consideration:

 

(a) all of the relevant circumstances including the nature of the legal relationship out of or in connection with which the dispute arose;

 

(b) the nature and circumstances of the dispute;

 

(c) the qualifications required of the arbitrator by the agreement of the Parties; and

 

(d) whether the arbitrator will have sufficient availability to determine the case in accordance with the arbitrator’s obligations under these Rules.

 

5.7 NZIAC shall act promptly in carrying out any appointment function under these Rules and will use best endeavours to make any appointment within five (5) Working Days of receipt of any such request.

 

5.8 Any decision by NZIAC to appoint an Arbitral Tribunal under these Rules shall be final and not subject to appeal to NZIAC, or any Court or other body having jurisdiction. NZIAC shall not be required to state or communicate reasons for its decision.

 

5.9 Any person who is not on an NZIAC Panel or approved list of arbitrators, and who is approached in connection with his or her possible appointment as an arbitrator, shall furnish to the Registrar a written resume of his or her past and present professional positions and experience as an arbitrator, a schedule of his or her fee rates, and any other information the Registrar considers relevant.

 

5.10 Any person approached in connection with his or her possible appointment as an arbitrator shall furnish to the Registrar a written declaration disclosing, to the best of his or her knowledge, any circumstances past or present likely to give rise to justifiable doubts as to his or her impartiality or independence in the eyes of any of the Parties.

 

5.11 Any Arbitral Tribunal conducting an Arbitration under these Rules shall be impartial and independent of the Parties. No arbitrator appointed to an Arbitral Tribunal shall act as an advocate for any Party and each arbitrator shall, from the time of his or her appointment, assume a continuing duty to immediately disclose to the Parties and NZIAC, any circumstances arising in the future which may be likely to give rise to justifiable doubts as to that arbitrator’s impartiality or independence in the eyes of any of the Parties, until the Arbitration is concluded.

 

5.12 If the Parties have agreed that any arbitrator is to be appointed by one or more of them, that agreement shall be treated as an agreement to nominate an arbitrator for all purposes. Such nominee may only be appointed by NZIAC as an arbitrator subject to his or her prior compliance with Rules 5.9 and 5.10. NZIAC may refuse to appoint any such nominee if it determines that he or she is not suitable, or independent, or impartial.

 

5.13 The Arbitral Tribunal must conduct the Arbitration in accordance with the Purpose and shall adopt such procedures and give such directions and rulings as may be required to ensure that the process for the determination of the matters in dispute is fair, prompt, and cost effective, and that to the best of the Arbitral Tribunal’s ability, the Overriding Objective is achieved.

 

5.14 Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence, or the arbitrator becomes in fact or in law, or by reason of infirmity, unable to perform the functions of that office.

 

5.15 A Party may challenge the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made.

 

   

6.0 Replacement of an Arbitrator   

 

6.1 If an arbitrator becomes in fact or in law, or by reason of infirmity, unable to perform the functions of that office, or for any other reason an arbitrator withdraws from office, or the Parties agree to the revocation of that arbitrator’s mandate, NZIAC will appoint a substitute arbitrator on receipt of a request by any Party.

 

6.2 If an arbitrator fails to fulfill his or her functions in accordance with these Rules or within the prescribed time limits, a Party may request NZIAC to appoint a substitute.

 

6.3 A Party requesting replacement of an arbitrator with a substitute shall notify every other Party, any other arbitrator, and NZIAC, within five (5) working days after becoming aware of the circumstances that give rise to the request. The request shall state the reasons for the request.

 

6.4 If every other Party agrees to the request, or the arbitrator voluntarily withdraws, NZIAC shall appoint a substitute arbitrator within ten (10) working days of receipt of a request by any Party. In either case, the replacement of the arbitrator by NZIAC does not imply acceptance of the validity of any ground referred to in the request for replacement of the arbitrator.

 

6.5 If every other Party does not agree to the request, and the challenged arbitrator does not withdraw, the decision as to whether to appoint a substitute arbitrator shall be made by NZIAC after the arbitrator and every other Party have had an opportunity to respond to the request. Every other Party and the arbitrator may respond to the request, and if they wish to exercise this right, shall within five (5) working days of receipt of the requesting Party’s notice, communicate their responses to NZIAC, the Party making the request, and the arbitrator.

 

6.6 NZIAC shall make a decision on the request for replacement of the arbitrator within ten (10) working days of receipt of the requesting Party’s notice. Such a decision is of an administrative nature and shall be final and binding on the Parties and the arbitrator and shall not be subject to appeal to NZIAC, or any Court or other body having jurisdiction. NZIAC shall not be required to state or communicate reasons for its decision.

 

6.7 A request for replacement of the arbitrator shall not affect the conduct of the Arbitration unless the arbitrator resigns or is replaced. If an arbitrator resigns or is replaced, the proceedings shall resume at the stage where the arbitrator who resigned or was replaced ceased to perform his or her functions, unless the Arbitral Tribunal decides that any part of the prior proceedings are to be repeated. If, prior to the replacement of an arbitrator, the Arbitral Tribunal has issued an Interim or Partial Award, any hearings related solely to such Awards shall not be repeated and such Awards shall remain in effect.

 

6.8 If an arbitrator resigns or is replaced, all time limits under these Rules will be extended by the period of time that elapses between the arbitrator’s resignation or removal and the appointment of a substitute arbitrator, unless the Arbitral Tribunal decides that any part of the prior proceedings are to be repeated. In the latter case, the period of time that elapses will run from the date of the earliest action to be taken by any Party that is to be repeated and the appointment of a substitute arbitrator.

 

7.0 Procedural Law Governing the Arbitration

 

7.1 The law applicable to the Arbitration shall be the Arbitration law of the seat of the Arbitration, unless, and to the extent that, the parties have expressly agreed in writing on the application of another Arbitration law and such agreement is not prohibited by the law of the arbitral seat.

 

8.0 Application of Substantive Law

8.1 The Parties shall be free to agree on the rules of law to be applied by the Arbitral Tribunal to the substance of the dispute. In the absence of such agreement, the Arbitral Tribunal shall apply the rules of law which it determines to be appropriate.

 

8.2 The Arbitral Tribunal shall take into account the provisions of the contract and trade usages applicable to the subject matter of the contract.

 

8.3 The Arbitral Tribunal shall decide the issues in dispute according to considerations of justice, equity, and good conscience, only if the Parties have expressly authorised it to do so.

 

  

9.0 The Nature of the Dispute  

9.1 The questions in dispute to be decided by the Arbitral Tribunal shall be defined in the Notice of Arbitration and as further defined in the Points of Claim, the Defence to the Points of Claim and Counterclaim, and the Defence to the Counterclaim, if any.

 

  

10.0 Directions Conferences  

 

10.1 The Arbitral Tribunal may call, and the Parties shall attend, directions conferences for the purpose of discussing and determining procedural issues and timetabling matters. Directions conferences may be held in person or by telephone, video conference, or such other means of communication as the Arbitral Tribunal may direct, at such times and on such dates (and at such venues in the case of meetings) as may be fixed by the Arbitral Tribunal.

 

11.0 Disclosure of Documents

 

11.1 Unless otherwise agreed by the Parties, or the Arbitral Tribunal deems it necessary to properly determine the dispute, formal discovery and inspection of documents and interrogatories are not contemplated for the purpose of the Arbitration. If discovery and inspection are to be taken, then it shall be on such terms as the Arbitral Tribunal directs having regard to the Purpose and the Overriding Objective of these Rules.

 

11.2 The Parties shall make available to each other Party, on an informal basis, all relevant documents within their possession, power, or control and not ordinarily protected by legal privilege, for the purposes of inspection. All documents shall be in indexed files according to categories of documents and in date order for the purpose of inspection.

 

11.3 Any Party may submit to any other Party a Notice to Produce Documents (Notice to Produce). The Notice to Produce shall contain:

 

(a) a description of either: a requested document sufficient to identify it; or, a narrow and specific requested category of documents that are reasonably believed to exist;

 

(b) a description of how the documents requested are relevant and material to the outcome of the case; and

 

(c) a statement that the documents requested are not in the possession, custody, or control of the requesting Party, and the reasons why that Party assumes the documents requested are in the possession, custody, or control of the other Party.

 

11.4 The Party to whom the Notice to Produce is directed shall, within five (5) working days of receipt of such notice, produce to the requesting Party, the Arbitral Tribunal, and every other Party, all the documents requested that are within its possession, custody, or control in respect of which no objection is made.

 

11.5 If the Party to whom the Notice to Produce is directed has objections to producing any or all of the documents requested on the grounds of privilege or confidentiality, or the documents are no longer in the Party’s control, that Party shall within five (5) working days of receipt of such notice, serve a memorandum on the Arbitral Tribunal and every other Party, stating the reasons for those objections, and where relevant, the inquiries made and steps taken to locate documents that are no longer in the Party’s control, and the Party’s belief as to when the documents ceased to be in the Party’s control and the person who now has control of them.

 

11.6 The Arbitral Tribunal shall consider the request to produce documents and the objections made. In considering the application, the Arbitral Tribunal may require the document under review to be produced to the Arbitral Tribunal and inspect it for the purpose of deciding the validity of the objections. The Arbitral Tribunal may:

 

(a) set aside the claim to privilege or confidentiality;

 

(b) modify the claim to privilege or confidentiality;

 

(c) dismiss the application; or

 

(d) make any order with respect to the document under review that the Arbitral Tribunal thinks fit.

 

11.7 The Arbitral Tribunal shall have the power to require a Party to provide copies of any documents or other evidence that the Arbitral Tribunal may reasonably require and may order a Party to make available to the Arbitral Tribunal, or any expert appointed by it, or to any other Party, any property, goods, or thing in its control, for inspection, observation, the taking of samples, measuring, weighing, photography, the observation of any process, or testing. If a Party fails to produce or to make available any such document, property, goods, or thing, without adequate explanation, the Arbitral Tribunal may draw any inference from that failure that the Arbitral Tribunal thinks fit.

 

11.8 The Arbitral Tribunal may, at its discretion, order the Parties to exchange lists of documents verified by affidavit that are, or have been in the Parties’ control, and relate to a matter in question in the Arbitration.

 

11.9 Where full discovery and inspection is ordered by the Arbitral Tribunal, it shall be in accordance with the High Court Rules.

 

11.10 The Arbitral Tribunal may, at the request of any Party, or on its own motion, exclude from evidence or production any document, statement, oral testimony, or inspection, on grounds which would be applicable in court proceedings.

 

  

12.0 Agreed Bundle  

 

12.1 The Arbitral Tribunal may direct the Claimant and Respondent, by a time agreed by them, or failing their agreement, by a time determined by the Arbitral Tribunal, to compile, in consultation with every other Party, an indexed and paginated agreed bundle of documents.

 

12.2 Unless expressly stated in the agreed bundle, or, at the Arbitration hearing leave is granted on adequate grounds to argue the contrary, the agreed bundle will be produced to the Arbitral Tribunal on the basis that each document contained in the agreed bundle is considered:

 

(a) to be admissible in evidence;

 

(b) to be accurately described and dated in the index to the bundle;

 

(c) to be what it purports to be on its face;

 

(d) to have been signed by any purported signatory;

 

(e) to have been sent by any purported author and to have been received by an apparent addressee; and

 

(f) to have been produced by the Party indicated in the index to the common bundle.

 

13.0 Points of Claim

 

13.1 Unless another period of time is agreed by the Parties or determined by the Arbitral Tribunal, the Claimant shall, on or before the 30th working day from the Acceptance Date, deliver to the Arbitral Tribunal and to the Respondent a statement giving particulars of the claim (the Points of Claim).

 

13.2 The claim shall include:

 

(a) The nature and basis of the claim;

 

(b) The amount of compensation claimed or other relief or remedy sought, including any claim for interest or costs;

 

(c) Any expert reports or sworn witness statements relied upon by the Claimant;

 

(d) Copies of all key documents relied upon by the Claimant, sufficient to enable the claim to be fully understood, but without limiting the Claimant’s right to produce and rely on other documents; and

 

(e) Submissions on the factual and legal issues involved in the claim, and the Claimant’s contentions as to those issues.

 

14.0 Points of Defence and Counterclaim

 

14.1 Unless another period of time is agreed by the Parties or determined by the Arbitral Tribunal, the Respondent may, on or before the 30th working day after receiving the Points of Claim, deliver to the Arbitral Tribunal and to the Claimant a statement in reply to the Points of Claim and giving particulars of any claims against the Claimant (the Points of Defence and Counterclaim).

 

14.2 The defence shall include:

 

(a) What matters in the claim are accepted or agreed;

 

(b) What matters are disputed, with reasons why;

 

(c) Any expert reports or sworn witness statements relied upon by the Respondent;

 

(d) Copies of all key documents relied upon by the Respondent, sufficient to enable the defence to be fully understood, but without limiting the Respondent’s right to produce and rely on other documents; and

 

(e) Submissions on the factual and legal issues involved in the claim, and the Respondent’s contentions as to those issues.

 

14.3 Any counterclaim shall include:

 

(a) The nature and basis of the counterclaim;

 

(b) The amount of compensation claimed or other relief or remedy sought, including any claim for interest or costs;

 

(c) Any expert reports or sworn witness statements relied upon by the Respondent;

 

(d) Copies of all key documents relied upon by the Respondent, sufficient to enable the counterclaim to be fully understood, but without limiting the Respondent’s right to produce and rely on other documents; and

 

(e) Submissions on the factual and legal issues involved in the counterclaim, and the Respondent’s contentions as to those issues.

 

15.0 Points of Defence to Counterclaim

 

15.1 Unless another period of time is agreed by the Parties or determined by the Arbitral Tribunal, the Claimant may, on or before the 15th working day after receiving the Points of Defence and Counterclaim, deliver to the Arbitral Tribunal and to the Respondent a statement in reply to the Points of Defence and Counterclaim (the Points of Defence to Counterclaim).

 

15.2 The reply by the Claimant to any defence and/or counterclaim shall include:

 

(a) What matters in the defence and/or counterclaim are accepted or agreed;

 

(b) What matters are disputed, with reasons why;

 

(c) Any additional expert reports or sworn witness statements relied upon by the Claimant;

 

(d) Any additional supporting documents relied on as evidence; and

 

(e) Submissions on the factual and legal issues involved in the Defence and/or the Counterclaim, and the Claimant’s contentions as to those issues.

 

  

16.0 Amendments to Points of Claim, Defence and Counterclaim, and Defence to Counterclaim  

 

16.1 During the course of the arbitral proceedings any Party may amend or supplement its claim or defence, or counterclaim or defence to counterclaim, unless the Arbitral Tribunal considers it unjust to allow such amendment having regard to the delay in making it, or prejudice to the other Party, or any other circumstances that the Arbitral Tribunal considers relevant, and which cannot reasonably be met by an order for costs against the Party seeking the amendment. However, a claim or counterclaim may not be amended in such a manner that the amended claim or counterclaim falls outside the scope of the Notice of Arbitration.

 

17.0 Representation

 

17.1 Any Party to the Arbitration proceedings may appear in person or be represented or assisted by any person.

 

17.2 The names and addresses of all such persons must be communicated by each Party, to every other Party and the Arbitral Tribunal, immediately upon such persons being engaged for the purpose of the Arbitration.

 

18.0 Seat of Arbitration

 

18.1 If the Parties have not previously agreed on the seat of Arbitration, the seat of the Arbitration shall be Auckland, New Zealand.

 

18.2 The Award shall be deemed to have been made at the seat of the Arbitration.

 

18.3 Unless otherwise agreed by the Parties, the Arbitral Tribunal may meet at any location it considers necessary for deliberations and to hear witnesses, and may convene meetings and conduct the proceedings at any place that it considers appropriate, whether at the seat or at any other place, having regard to the nature and circumstances of the Arbitration.

 

  

19.0 Language of Arbitration  

 

19.1 Unless otherwise agreed by the Parties, the Arbitral Tribunal shall determine the language or languages to be used in the Arbitration. In default of any agreement or determination, the language of the Arbitration shall be English.

 

19.2 The Arbitral Tribunal may order that any documents or exhibits submitted for the purpose of the Arbitration, delivered in their original language, shall be accompanied by a translation (or be translated) into the language or languages of the Arbitration agreed upon by the Parties or determined by the Arbitral Tribunal.

 

20.0 Hearing

 

20.1 The Arbitral Tribunal shall, if either Party so requests, or the Arbitral Tribunal so determines, convene an oral hearing for the presentation of evidence and cross examination and re-examination purposes, and for the presentation of submissions.

 

20.2 The Arbitral Tribunal shall fix the date, time, and place of the hearing, and advise the Parties accordingly.

 

20.3 The hearing shall be conducted as directed by the Arbitral Tribunal. The Arbitral Tribunal may impose time limits for the presentation of submissions and the adducing and testing of evidence by each Party.

 

20.4 Unless otherwise agreed by the Parties, the Arbitral Tribunal may hear witnesses and conduct meetings by any means that it considers effective and expedient and at any location that it considers appropriate having regard to the circumstances of the Arbitration.

 

20.5 The Arbitral Tribunal may, upon application of any Party, or on its own motion, re-open the hearing at any time before any Award is made.

 

21.0 Procedure

 

21.1 The Arbitral Tribunal shall have the widest discretion permitted by law to resolve the dispute in a just, speedy, cost effective, and final manner, in accordance with these Rules and the principles of natural justice.

 

21.2 The Arbitral Tribunal shall have the jurisdiction and power to make any rulings and give any directions that it thinks fit with regard to procedure at any time during the Arbitration. Without limiting the forgoing, such rulings and directions may include directing conferences of experts and the preparation of a joint statement of experts. Any such conferences of experts shall be conducted and recorded as directed by the Arbitral Tribunal.

 

21.3 In an Arbitration with three (3) arbitrators, the presiding arbitrator will chair the proceedings and shall have the power to determine all questions of procedure but may consult other members of the Arbitral Tribunal before making any procedural determination. Any Party may request that a procedural determination be determined by the full Tribunal, such request to be determined by the presiding arbitrator. Any decision of the Arbitral Tribunal on the substantive matters at issue in the Arbitration, including the award of costs, shall be made, unless otherwise agreed by the Parties, by a majority of its members.

 

21.4 In an Arbitration with three arbitrators, the Arbitral Tribunal shall decide by a majority. If there is no majority the presiding arbitrator alone shall make the award for the Arbitral Tribunal.

 

21.5 If an arbitrator fails to act without undue delay or fails to co-operate in the making of an Award, having been given a reasonable opportunity to do so, the remaining arbitrators shall proceed to make the Award and sign it, provided that the reason for an omitted signature is stated. Failing a majority decision, the presiding arbitrator alone shall make the Award for the Arbitral Tribunal. A majority of the Arbitral Tribunal shall determine when an arbitrator has caused undue delay or refused to co-operate in the making of the Award.

 

21.6 All statements, documents, or other information supplied to the Arbitral Tribunal by any Party shall simultaneously be communicated to every other Party.

 

  

22.0 Evidence and Admissibility  

22.1 Each Party shall have the burden of proving the facts relied upon to support its claim or any affirmative defence.

 

22.2 The Arbitration will proceed on the basis of written submissions and evidence and other material which is provided to every other Party and the Arbitral Tribunal in accordance with the procedures setout herein, and oral evidence and cross-examination and re-examination of witnesses at the hearing. The Arbitral Tribunal may put questions to a witness at any stage.

 

22.3 The Arbitral Tribunal shall have regard to, but is not bound to apply the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration current at the Acceptance Date. The admissibility, relevance, materiality, and weight of the evidence offered shall be determined by the Arbitral Tribunal.

 

22.4 If a statement or report is included with a Party's claim, defence, counterclaim, or defence to counterclaim, the relevant witness may be called by the Party submitting the statement or report, or be required for cross-examination by the other Party, or be called by the Arbitral Tribunal to attend a hearing.

 

22.5 No person shall, without leave of the Arbitral Tribunal, be called as a witness unless that person’s statement or report is included with a Party’s claim, defence, counterclaim, or defence to counterclaim.

 

22.6 No document or other evidentiary material may be relied upon by a Party without leave of the Arbitral Tribunal, unless that document or other evidentiary material has been provided with a Party’s claim, defence, counterclaim, or defence to counterclaim, or otherwise provided to the Arbitral Tribunal and to every other Party prior to the hearing.

 

22.7 The Arbitral Tribunal may request further relevant submissions, information, or other evidence from the Parties, but must give the other Parties a reasonable opportunity to comment on any such submissions, information, or other evidence.

 

Recording of Evidence

 

22.8 In the absence of agreement between the Parties, the evidence given by witnesses shall be recorded in such manner as the Arbitral Tribunal may decide.

 

Expert Evidence

 

22.9 Any Party who engages an expert witness must give the expert witness a copy of the Guidelines for Expert Evidence and the Code of Conduct for Expert Witnesses set out at Appendices 2 & 3 to these Rules.

 

22.10 An expert witness must state in any report or written statement that the expert witness has read the NZIAC Code of Conduct for Expert Witnesses and agrees to comply with it.

 

22.11 The evidence of an expert witness who has not complied with rule 22.10 may be adduced only with the leave of the Arbitral Tribunal and shall be given such weight as the Arbitral Tribunal considers fit.

 

22.12 The Arbitral Tribunal may direct an expert witness to confer with any other expert witness for the purpose of trying to reach agreement on matters within the field of expertise of the experts and may order the experts to prepare a joint statement of the matters on which the experts agree, the matters on which they do not agree, and the reasons for their disagreement.

 

22.13 Unless otherwise agreed by the Parties, the Arbitral Tribunal shall determine the manner in which expert evidence is presented and the manner in which expert witnesses are examined.

 

Tribunal Appointed Experts

 

22.14 Unless otherwise agreed by the Parties, the Arbitral Tribunal may, following consultation with the Parties, appoint one or more experts to report to it on specific issues to be determined by the Arbitral Tribunal.

 

22.15 The Arbitral Tribunal may require a Party to give such expert any relevant information or to produce, or to provide access to, any relevant documents, goods, property or any other thing for inspection, observation, the taking of samples, measuring, weighing, photography, the observation of any process, or testing by an expert.

 

22.16 The Arbitral Tribunal shall define the expert’s terms of reference and communicate such terms to the Parties. The Arbitral Tribunal shall receive the expert’s written reports, and immediately upon receipt of such a written report, shall deliver a copy of the report to the Parties and invite the Parties to submit written comments on the report. A Party shall be entitled to examine any property, goods, documents, or any other thing which the expert has relied upon in his or her report.

 

22.17 At the request of any Party, or on the motion of the Arbitral Tribunal, any such expert shall, after delivery of his or her report, be heard at a hearing where the Parties shall have the opportunity to question the expert. At the hearing, any Party may call expert evidence to testify on the points at issue.

 

  

23.0 Site Visits and Inspections  

 

23.1 The Arbitral Tribunal may view the location, subject matter, property, goods, documents, or any other thing to which the dispute relates, to assist it in making its Award.

 

23.2 The Arbitral Tribunal may meet at any venue that it deems appropriate for the purpose of inspecting property, goods, documents, or any other thing.

 

23.3 The site visits or inspections shall be carried out by the Arbitral Tribunal, or such of its members that may be delegated for that purpose, in the presence of all Parties, unless otherwise agreed. The Parties shall be given such notice as is appropriate in the circumstances to enable them to be present at such site visit or inspection.

 

24.0 Interim Measures of Protection and Preliminary Orders

 

24.1 Unless otherwise agreed by the Parties, the Arbitral Tribunal may, at the request of a Party, (the applicant Party), order any other Party (the respondent Party) to undertake such interim measure of protection relating to the subject matter of the dispute as the Arbitral Tribunal considers necessary. The Arbitral Tribunal may order such measure in the form of an Award, or in any other form, provided reasons are given. Any such order may be made on such terms as the Arbitral Tribunal considers appropriate and in accordance with the laws of New Zealand.

 

24.2 Before the Arbitral Tribunal may order any such interim measure, the applicant Party must satisfy the Arbitral Tribunal (to the extent that the Arbitral Tribunal considers appropriate) that:

 

(a) harm not adequately reparable by an award of damages is likely to result if the interim measure is not granted;

 

(b) such harm will substantially outweigh the harm that is likely to result to the respondent Party if the interim measure is ordered;

 

(c) there is a reasonable possibility that the applicant Party will succeed on the merits; and

 

(d) the applicant Party will be able to pay the costs of the respondent Party if the applicant Party is unsuccessful on the merits.

 

24.3 The Arbitral Tribunal may require an applicant Party to provide appropriate security as a condition of granting an interim measure, in such manner as it deems just.

 

24.4 In any order or Award, the Arbitral Tribunal may apportion the costs relating to the application for an interim measure.

 

24.5 The requesting Party must promptly disclose to the Arbitral Tribunal any material change in the circumstances upon which an interim measure was requested or granted.

 

24.6 The Arbitral Tribunal may modify, suspend, or cancel any interim measure at any time upon application of a Party. In exceptional circumstances, the Arbitral Tribunal may modify, suspend, or cancel any interim measure on its own initiative after giving prior notice to the Parties.

 

24.7 The granting of an interim measure does not affect the Arbitral Tribunal’s discretion to make any subsequent determination. An applicant Party for an interim measure shall be liable for any costs or damages caused to any other Party by the interim measure if the Arbitral Tribunal later determines that, in the circumstances, the interim measure should not have been granted. The Arbitral Tribunal may award those costs or damages at any time during the arbitral proceedings.

 

24.8 A request for an interim measure of protection made by a Party to a Court of competent jurisdiction, before or during the arbitral proceedings, is not incompatible with these Rules. Any application for such measures made after the formation of the Arbitral Tribunal, and any Court order made in relation to such application, shall be promptly communicated to the Arbitral Tribunal and to every other Party.

 

  

25.0 Default of a Party  

 

25.1 If, within the period of time fixed by the Arbitral Tribunal, the Claimant fails to communicate the Points of Claim without showing sufficient cause for such failure, the Arbitral Tribunal shall terminate the proceedings.

 

25.2 If, within the relevant periods of time fixed by the Arbitral Tribunal, the Respondent fails to communicate the Points of Defence and Counterclaim, or the Claimant fails to communicate the Points of Defence to the Counterclaim, the Arbitral Tribunal shall continue the proceedings.

 

25.3 In the event of a failure of the kind referred to in rule 25.2 above, or the failure by any Party to comply with these Rules or the directions of the Arbitral Tribunal, or if any Party does not attend a meeting or hearing convened by the Arbitral Tribunal without showing sufficient cause for such failure, the Arbitral Tribunal shall continue with the arbitration and make the Award on the information and evidence before it.

 

26.0 Waiver of Right to Object

 

26.1 A Party to the Arbitration which continues with the Arbitration without promptly raising a plea as to jurisdiction, raising an objection as to any direction of the arbitrator, or any failure to comply with these Rules, or any other irregularity affecting the Arbitral Tribunal or the conduct of the Arbitration, shall be deemed to have waived its right to object later unless it establishes that at the relevant time it did not know, and could not with reasonable diligence have discovered, the grounds for objection.

 

  

27.0 Award  

 

27.1 The Arbitral Tribunal shall, after considering all submissions and evidence, make one or more Interim or Partial Awards as required for the final determination of the substantive matters at issue, as soon as practicable after the end of the hearing.

 

27.2 The Arbitral Tribunal shall make a Final Award on costs (unless waived by all Parties) within thirty five (35) working days of receipt by the Parties of the Arbitral Tribunal’s Partial Award which finally determines all of the substantive matters at issue. If the Parties are unable to reach agreement as to costs within ten (10) working days of receipt of the Arbitral Tribunal’s Partial Award which finally determines all of the substantive matters at issue:

 

(a) the Claimant may file submissions on costs with the Arbitral Tribunal and every other Party on or before the 15th working day following receipt of the Award;

 

(b) the Respondent may file submissions in response with the Arbitral Tribunal and the Claimant on or before the 20th working day following receipt of the Award; and

 

(c) the Arbitral Tribunal shall make a Final Award on or before the 35th working day following receipt of the Partial Award by the Parties.

 

27.3 The Award(s) must contain reasons for the Arbitral Tribunal’s findings in respect of the substantive matters at issue and the costs and expenses of the Arbitration.

 

27.4 Any Partial or Final Award(s) shall be final and binding on the Parties.

 

27.5 The Parties acknowledge that the extent of the reasons given by the Arbitral Tribunal for the findings in the Award(s) shall be proportionate to the nature and number of matters at issue and the amount of money at issue in the dispute.

 

Scrutiny of Award by NZIAC

 

27.6 Before signing any Award, the Arbitral Tribunal shall submit the Award in draft form to NZIAC.

 

27.7 NZIAC may make recommendations as to the form of the Award directed to identifying any errors in computation, any clerical or typographical errors, or any errors of a similar nature in the Award. NZIAC may also draw the Arbitral Tribunal’s attention to any points of substance or any internal inconsistencies in the Award without affecting the Arbitral Tribunal’s independence and autonomy in rendering the Award.

 

Provision of the Award(s)

 

27.8 Subject to payment in full of the Arbitral Tribunal's Fees and Expenses, a copy of any signed Award shall be sent to the Parties by NZIAC as soon as possible after signature.

 

Settlement or Other Grounds for Termination

 

27.9 The Parties are encouraged to find their own resolution to their differences. In the event that the Parties can settle their differences before an Award is made, the Arbitral Tribunal shall either issue an order for the termination of the arbitral proceedings, or, if requested by both Parties, record the terms of the settlement and issue an Award on agreed terms. The Arbitral Tribunal is not obliged to give reasons for such an Award. Unless otherwise agreed by the Parties, the Parties shall bear their own costs and Expenses of the Arbitration in such a case, and they shall share equally the Fees and Expenses of the Arbitral Tribunal.

 

Correction and Interpretation of Award

 

27.10 Within thirty (30) calendar days after the date upon which an Award is given to the Parties:

 

(a) A Party, with notice to the other Party, may request the Arbitral Tribunal to correct in the Award any errors in computation, any clerical or typographical errors, or any errors of a similar nature; and/or

 

(b) A Party, with notice to the other Party, may request the Arbitral Tribunal to give an interpretation of a specific point or part of the Award.

 

27.11 If the Arbitral Tribunal considers the request to be justified, the Arbitral Tribunal shall make the correction or give the interpretation within thirty (30) working days of receipt of the request.

 

27.12 The Arbitral Tribunal may correct in the Award any errors in computation, any clerical or typographical errors, or any errors of a similar nature, on its own initiative within thirty (30) working days after the date upon which the Award is given to the Parties.

 

27.13 No additional Fees may be charged by the Arbitral Tribunal for interpretation or correction of an Award.

 

Additional Award

 

27.14 Within thirty (30) calendar days after the date upon which an Award is given to the Parties, a Party, with notice to every other Party, may request the Arbitral Tribunal to make an additional Award as to claims presented in the arbitral proceedings but omitted from the Award.

 

27.15 If the Arbitral Tribunal considers the request to be justified, the Arbitral Tribunal shall make the additional Award within sixty (60) working days of receipt of the request.

 

27.16 No additional Fees may be charged by the Arbitral Tribunal for an additional Award.

 

28.0 Costs

 

28.1 The costs and Expenses of the Arbitration and the Fees and Expenses of the Arbitral Tribunal shall be as fixed by the Arbitral Tribunal which shall allocate them between the Parties and direct which Party is to pay all or part of the costs, Fees and Expenses of the Arbitration and the Award(s), and may make an order for costs in favour of any Party.

 

28.2 The Arbitral Tribunal's charges shall be calculated on the basis of the time that the Arbitral Tribunal is engaged upon the duties of the Arbitration, together with all Expenses and outgoings incurred by the Arbitral Tribunal in the execution of those duties, in accordance with the Terms and Conditions set out in Appendix 1 to these Rules.

 

28.3 Unless otherwise agreed by the Parties, the costs of the Arbitration shall in principle be borne by the unsuccessful Party or Parties. However, the Arbitral Tribunal may apportion such costs between the Parties if it determines that apportionment is just in the circumstances of the case.

 

28.4 Any order for costs shall be made with reasons in the Award containing such order.

 

28.5 Prior to the Arbitral Tribunal entering into the Arbitration, the Parties shall pay into the trust account of NZIAC a sum as security for the Arbitral Tribunal's Fees and Expenses in accordance with the amounts prescribed and the Terms and Conditions set out in Appendix 1 to these Rules.

 

28.6 Any amount paid as security in relation to the Arbitration is a nominal sum only and is not an estimate of the Arbitral Tribunal’s Fees and Expenses which shall be calculated in accordance with Rule 28.2 above.

 

28.7 Notwithstanding the provisions of Rule 27.9 herein, the Parties shall at all material times be jointly and severally liable to pay the Arbitral Tribunal’s Fees and Expenses, including any Fees and Expenses incurred by the Arbitral Tribunal, whether or not it makes an Award or additional Award fixing the costs and Expenses of the Arbitration, together with any additional costs howsoever incurred by the Arbitral Tribunal in recovering any overdue monies, on a full indemnity basis.

 

29.0 Exclusion of Liability and Indemnity

 

29.1 The Parties together and separately release and discharge the members of the Arbitral Tribunal and NZIAC, its agents, and servants, from all liability of any kind (whether involving negligence, breach of contract, breach of fiduciary duty, breach of statutory duty or otherwise) which may be alleged to arise in connection with, or to result from, or to in any way relate to the exercise of any of their functions, duties, or powers, whether under the Procedural Law of the Arbitration, or these Rules, or otherwise, unless the act or omission is the fraudulent act of the Arbitral Tribunal, or NZIAC, its agents, or its servants. Any member of the Arbitral Tribunal, NZIAC, or any agent or servant of NZIAC, who has not acted fraudulently and is shown to be unaware of the fraud of any other person, shall continue to be discharged from liability as provided herein.

 

29.2 The Parties together and separately undertake to indemnify and keep indemnified the members of the Arbitral Tribunal and NZIAC, its agents, and servants, against all claims, costs, expenses, liabilities, awards, damages and proceedings of any kind (properly sustained or incurred by them directly, or indirectly made by any third party) in relation to, or in connection with, the exercise of their functions, duties, or powers, whether under the Procedural Law of the Arbitration, or these Rules, or otherwise, unless the act or omission is the fraudulent act of the Arbitral Tribunal, or NZIAC, its agents or its servants. If a member of the Arbitral Tribunal, NZIAC, or any agent or servant of NZIAC, has not acted fraudulently and is shown to be unaware of the fraud of any other person, he or she shall continue to be indemnified as provided herein.

 

30.0 Storage of Arbitration Documents

 

30.1 Unless a Party requests the return of any documents provided to the Arbitral Tribunal for the purpose of the Arbitration, all documents will be destroyed by the Arbitral Tribunal after the expiry of three (3) calendar months following the date of the Final Award.

 

31.0 Communications and Contact Details

 

31.1 Until the Arbitral Tribunal is formed, all communications between the Parties and arbitrators shall be made through the Registrar.

 

31.2 Thereafter, all communications between the Parties and the Arbitral Tribunal shall be made directly.

 

31.3 All notifications, documents, or information provided to the Arbitral Tribunal by one Party shall simultaneously be communicated by that Party to every other Party.

 

31.4 Routine communications and notifications between NZIAC, the Arbitral Tribunal, and the Parties, may validly be made by email (and the Parties will be deemed to consent to the use of email), facsimile, or any other means of communication that provides or allows for a record of transmission.

 

31.5 The Points of Claim, the Defence and Counterclaim, the Defence to the Counterclaim, and any further submissions, documents or evidentiary material requested or directed to be provided by the Arbitral Tribunal, must be delivered to the Arbitral Tribunal and every other Party at the address for service designated by each Party or authorised by the Arbitral Tribunal for the purpose of the Arbitration, and if so delivered, shall be deemed to have been received. Delivery by electronic means may only be made to an address so designated or authorised.

 

31.6 In the absence of such designation or authorisation, a document is:

 

(a) received if it is physically delivered to the addressee; or

 

(b) deemed to have been received if it is delivered at the place of business, habitual residence, or mailing address of the addressee.

 

31.7 Any communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at the addressee’s place of business, habitual residence or mailing address. If after reasonable efforts, delivery cannot be effected, a written communication is deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence, or mailing address, by registered letter or any other means that provides a record of the attempt to deliver it.

 

31.8 The communication will be deemed to have been received on the day it is so delivered. A notice transmitted by electronic means is deemed to have been received on the day it is sent except that a Notice of Arbitration so transmitted is only deemed to have been received on the day when it reaches the addressee’s electronic address.

 

  

32.0 General Rules  

 

32.1 All decisions of NZIAC with respect to its functions and obligations under these Rules shall be final and binding on the Parties and the Arbitral Tribunal. Such decisions are of an administrative nature and NZIAC shall not be required to state or communicate reasons for its decisions.

 

32.2 By agreeing to Arbitration under these Rules, the Parties and the Arbitral Tribunal shall be deemed to have agreed not to apply to any Court, judicial authority, or any other body having jurisdiction, for any relief regarding NZIAC’s jurisdiction or authority under these Rules.

 

32.3 In all matters not expressly provided for in these Rules, the Parties, NZIAC, and the Arbitral Tribunal, shall act in the spirit of these Rules and shall make every effort to ensure that an Award made under these Rules is enforceable.

 

APPENDIX 1

APPENDIX 2

APPENDIX 3

The number of arbitrators shall be:

The seat of the Arbitration shall be:

The language to be used in the Arbitration shall be:

The governing law of the contract shall be the substantive law of:

Notice to the Claimant:

Name:

Phone: +    
Fax:  +   
Mobile: +
E-mail:

Legal Representative:

Phone: +   
Fax:  +   
Mobile: +
E-mail:

Notices to the Claimant shall be given to an address for service which is:



Notice to the Respondent:

Name:

Phone: +    
Fax:  +   
Mobile: +
E-mail:

Legal Representative:

Phone: +   
Fax:  +   
Mobile: +
E-mail:



Notices to the Respondent shall be given to an address for service which is:



I certify:

THAT I have read and understood this Arbitration Agreement and the Rules of Arbitration of the New Zealand International Arbitration Centre.

THAT I agree to be bound by the terms of this Arbitration Agreement and the Rules of Arbitration of the New Zealand International Arbitration Centre.





DATED   this                (day)                               (month)                     (year)


SIGNED by, for, or on behalf of the Claimant

Name and position of signatory:

In the presence of -

Name:

Address:

Occupation:



SIGNED by, for, or on behalf of the Respondent

Name and position of signatory:

In the presence of -

Name:

Address:

Occupation:                                                                                         

 

SCHEDULE A

 

SCHEDULE OF MATTERS IN DISPUTE FOR REFERENCE TO ARBITRATION

The parties have agreed that the following matters in dispute are the matters to be submitted to Arbitration:

[a]

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