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 as amended in 2007 and 2016, contains statutory provisions that govern the arbitration process.
Ensuring you arbitrate
The best way to ensure any dispute is determined by arbitration is to agree to use arbitration in your contract.
Insert this clause to insert into your contract
The parties agree that any dispute or disagreement arising out of or in connection with this agreement will be settled by arbitration by a [ sole arbitrator] in accordance with the [New Zealand Arbitration Act 1996 and its amendments] and the AMINZ Arbitration Rules current at the time arbitration is commenced.
The place of arbitration will be [Auckland] and the law applicable to the arbitral proceedings and the matters in dispute will be [New Zealand law].
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.
AMINZ Arbitration Rules, click HERE
If you would like to have a copy of the Rules, click HERE
Guide to Arbitration, click HERE
AMINZ Emergency Arbitration Protocol, click HERE
Rules for awarding costs in arbitration, click HERE
Guidelines for awarding costs in arbitration, click HERE
The AMINZ Arbitration Appeals Tribunal
In New Zealand, you can have an appeal from arbitration heard in our Courts. But AMINZ has developed its own appeals process. It is fast, efficient and uses senior arbitration practitioners.
It's easy to ensure that any appeal gets heard by the AMINZ Arbitration Appeals Tribunal. For information, on an appeal to the AMINZ Arbitration Appeal Tribunal, click HERE
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 aide 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.
Click HERE to find an arbitrator.
Appointing the right arbitrator
AMINZ is named in numerous pieces of legislation and numerous agreements to make appointments.
AMINZ is so respected that when the New Zealand Government had to select an institution to make appointments instead of the New Zealand High Court, it chose AMINZ.