Interim remedies in support of arbitration in New Zealand
Produced in partnership with Tim Stephens of Stout Street Chambers
Interim remedies in support of arbitration in New Zealand

The following Arbitration guidance note Produced in partnership with Tim Stephens of Stout Street Chambers provides comprehensive and up to date legal information covering:

  • Interim remedies in support of arbitration in New Zealand
  • Interim remedies in support of arbitration—the legislative regime
  • Tribunal-ordered interim measures—the definition of ‘interim measures’
  • Tribunal-ordered interim measures—conditions for granting interim measures
  • Court-ordered interim measures
  • Without notice applications and preliminary orders
  • Emergency arbitrators

Interim remedies in support of arbitration—the legislative regime

Arbitration in New Zealand is governed by the Arbitration Act 1996 (the Act). The body of the Act contains general provisions. Schedule 1 to the Act contains an adapted form of the United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model Law), and Schedule 2 to the Act contains special rules that generally only apply to domestic arbitrations.

In 2007, New Zealand was the first country in the world to adopt amendments to the original Model Law proposed by the UNCITRAL 2000 working group that provided for a more comprehensive code for interim measures in support of arbitration. This regime in New Zealand is now found in articles 9 and 17–17M of Schedule 1 to the Act:

  1. article 9 of the Act provides for court-ordered interim measures in support of arbitration

  2. articles 17–17M of the Act concern the making of interim measures orders by arbitral tribunals

Provision for awards and orders by emergency arbitrators also now forms part of New Zealand law. A 2017 amendment to the Act provides that the definition of ‘arbitral tribunal’ under the Act includes any emergency arbitrator appointed under either the arbitration agreement that the parties have entered into, or the arbitration rules of any institution, or organisation that the parties have adopted. This amendment follows the