Arbitration
Private determination of a dispute, by an independent third party
Arbitration is a process for the settlement of disputes in which an independent and impartial arbitrator makes a decision after considering the representations of the parties. The arbitrator's decision is called an award and is normally final and binding on the parties. The award is written and is enforceable by the courts.
The Arbitration Act 1996 and its amendments contain statutory provisions that govern the arbitration process.
Ensuring your dispute can be resolved by arbitration
The best way to ensure any dispute is determined by arbitration is to agree to use arbitration in your contract.
Finding an arbitrator
Finding the right arbitrator is key to any arbitration process.
AMINZ ensures that only experienced and knowledgeable arbitrators are on its Panel. And they must abide by our Code of Ethics and annually prove that they meet rigorous professional development requirements.
All arbitrators that are on the AMINZ list of arbitrators are experienced and qualified.
Appointing the right arbitrator
AMINZ is named as an appointing authority in numerous pieces of legislation and also in a number of industry standard form contracts. AMINZ was chosen by the Ministry of Justice to be the default appointing authority to make appointments instead of the New Zealand High Court, it chose AMINZ.
You can view our Panel and List’s to find an Arbitrator, alternatively, you can request us to make an Appointment for you. Click below to “Request an Appointment”.
The AMINZ Arbitration Appeals Tribunal
In New Zealand, you can have an appeal from arbitration on a point of law heard in our Courts. But AMINZ has developed its own appeals process. It is fast, efficient, and uses senior arbitration practitioners.
If you want to ensure that any appeal on a point of law gets heard by the AMINZ Arbitration Appeals Tribunal you should add the following to your arbitration clause.
‘The parties agree to exclude clause 5(1) of Schedule 2 to the Arbitration Act 1996. They agree that any party to the arbitration may appeal an award, on a question of law, by referral to the AMINZ Arbitration Appeals Tribunal.”
Useful Tools for You
As New Zealand's leading arbitral body, we have developed a number of highly useful tools - Rules, Protocols, and Guidelines for conducting an arbitration.