Clauses For Your Agreement
Supplemental Clause for Use by Parties Wishing to Invoke the AMINZ Arbitration Appeals Rules
Parties wishing to provide for an appeal to an Arbitration Appeal Tribunal ("AAT") should include the following provisions, or provisions to the same effect, in their arbitration agreement or in some subsequent document:
(a) The parties hereby exclude all rights under Clause 5 of the Second Schedule to the Arbitration Act 1996 ("Act") to appeal to the High Court from any award arising out of or related to this agreement, including any award or ruling of an AAT.
(b) The parties further agree that an appeal may be taken by either or any of them under the AMINZ Arbitration Appeal Rules as applicable at the time of appeal ("Rules") from any arbitral award in any arbitration arising out of or related to this agreement. Any appeal shall be conducted in accordance with the requirements of those Rules.
(c) The parties further agree not to seek to enforce in New Zealand or in any other jurisdiction in terms of Article 35 of the First Schedule to the Act, any award that may be the subject of an appeal to an AAT unless and until the time for filing an appeal under the Rules has expired and, if an appeal is filed, there has been a final award by an AAT under the Rules or the appeal has been withdrawn, abandoned or dismissed.
(d) The parties agree that any AAT appointed as a result of any appeal under the Rules, shall, subject to any limitations expressed in the Rules, have all the powers exercisable by the High Court on an appeal to that Court under Clause 5 of the Second Schedule to the Act save that the AAT shall not have the power to remit the award back to the original arbitral tribunal where that tribunal is unwilling or unable to accept the remission. In the latter case, the AAT itself in its discretion may decide the issue(s) which would otherwise have been remitted.
(e) Any arbitral tribunal appointed by the parties or by an appointing authority under the arbitration agreement between the parties will acknowledge and agree that the tribunal will accept and action any reference back by an AAT consequent upon any appeal under the Rules.
(f) In the case of an appeal under the Rules where the parties have agreed to a right of such appeal after their original arbitration agreement has been made, the parties will use their best endeavours jointly to request the arbitral tribunal appointed under their original arbitration agreement to accept and action any reference back to that tribunal from an AAT.