Important COVID-19 Update: specialist service launched for commercial lease disputes

x

9 April 2020: In light of increasing demand, NZDRC has today launched a new reduced cost and fixed fee arbitration and mediation service to assist parties to commercial leases who find themselves in a dispute as to their payment obligations due to the ongoing lockdown.

Further information may be found here or by contacting our Registry staff.

He waka eke noa.

COVID-19: Lease Disputes

Want to know more about the government subsidised commercial lease arbitration scheme?

As the lockdown continues in New Zealand, we are seeing an increasing level of enquiries from parties to commercial leases who have been unable to resolve disputes arising under clause 27.5 of the Auckland District Law Society form of lease (ADLS Lease), or a similar ‘no-access in emergency’ clause in other commercial leases, and who are seeking independent dispute resolution services.

To best assist parties who find themselves in this type of dispute, NZDRC is offering reduced and fixed fee arbitration and mediation services. These services provide parties with access to a time and cost efficient process to resolve their dispute.

This special service is in addition to our existing offerings including arbitration, mediation, and expert determination for disputes arising under, out of, or in connection with, commercial leases.

For further information, please contact our Registry staff. 

Arbitration

To proceed under this special service, the parties will need to agree to arbitrate under the NZDRC ECA45 Arbitration Rules.  Parties can do this by completing our special form Agreement to Arbitrate.

These Rules provide for a documents only arbitration procedure and are specifically designed to result in an Award being made which finally determines all substantive issues in dispute within 45 working days or earlier if the parties agree.

The fee which will apply to this service is fixed at $8,000.00 (including GST).

 

Mediation

To proceed under this special service, the parties will need to agree to mediate under the NZDRC Mediation Rules.  Parties can do this by completing our special form Agreement to Mediate.

The mediation itself will take place by videoconference and will be limited to a half day (up to four hours).

The fee which will apply to this service is fixed at $5,000.00 (including GST).