The following Arbitration practice note Produced in partnership with Tim Stephens of Stout Street Chambers provides comprehensive and up to date legal information covering:
This Practice Note should be read in conjunction with Practice Note: Arbitration in New Zealand—recognition and enforcement of arbitral awards.
The Arbitration Act 1996 (the Act) sets out the rules that govern both domestic and international arbitrations in New Zealand. References in this Practice Note to sections, Sch 1 and its articles and Sch 2 and its clauses are to those in the Act.
The purpose of the Act is to encourage the use of arbitration domestically and internationally and to promote consistency between international arbitral regimes and between international regimes and the New Zealand domestic regime. The Act also seeks to promote party autonomy to settle disputes by arbitration and to limit the role of the New Zealand courts in reviewing and setting aside arbitral decisions.
The Act achieves these purposes by enacting a set of rules applying to both international and domestic arbitrations in Schedule 1. This regime is based on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law). Certain changes (explained in more details in this Practice Note) have been made to amend or to supplement the provisions of the Model Law in its application to New Zealand.
Schedule 2 of the Act contains additional rules for certain arbitrations. Section 6(2) of the Act states that these rules will apply to all arbitrations seated in New Zealand other
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