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Arbitration Deed

Arbitration Deed Template for New Zealand

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Key Requirements PROMPT example:

Arbitration Deed

"I need an Arbitration Deed under New Zealand law for a construction dispute between my company (ABC Builders Ltd) and a property developer (XYZ Developments), with specific provisions for expert determination and a fast-track arbitration process."

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Document background
The Arbitration Deed is a critical legal instrument used in New Zealand when parties wish to establish a binding framework for resolving disputes through arbitration rather than traditional court litigation. It is particularly valuable for commercial relationships where parties prefer a private, flexible, and potentially faster dispute resolution process. The deed must comply with the New Zealand Arbitration Act 1996 and can be used for both domestic and international disputes. An Arbitration Deed typically includes comprehensive provisions covering the arbitration process, appointment of arbitrators, confidentiality requirements, cost allocation, and enforcement mechanisms. It is commonly used in complex commercial transactions, construction projects, international trade agreements, and other business relationships where traditional litigation may not be the preferred dispute resolution method.
Suggested Sections

1. Parties: Identifies and defines all parties to the arbitration deed

2. Background: Sets out the context of the dispute and the agreement to arbitrate

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Agreement to Arbitrate: Core provision establishing parties' agreement to submit disputes to arbitration

5. Scope of Arbitration: Defines what disputes are covered by the arbitration agreement

6. Appointment of Arbitrators: Process for selecting and appointing arbitrators

7. Arbitration Procedure: Core procedural rules and requirements for the arbitration

8. Confidentiality: Obligations regarding confidentiality of the arbitration process and materials

9. Costs and Expenses: Provisions regarding allocation of arbitration costs and expenses

10. Awards: Requirements for arbitration awards and their enforcement

11. Governing Law: Specifies New Zealand law as governing law and relevant legislation

12. Execution: Formal execution provisions meeting deed requirements

Optional Sections

1. Emergency Arbitrator: Provisions for appointment of emergency arbitrator for urgent relief, used in complex commercial disputes

2. Multi-party Provisions: Special provisions for arbitrations involving multiple parties, used when more than two parties are involved

3. Expert Determination: Provisions for appointment and use of expert determiners, used in technical disputes

4. Mediation-Arbitration: Provisions for attempted mediation before arbitration, used when parties want to try mediation first

5. Appeals: Provisions regarding rights of appeal, used when parties want to preserve appeal rights

6. Interim Measures: Provisions for interim relief and protective measures, used in complex disputes

7. Consumer Arbitration: Special provisions required for consumer disputes under NZ law, used when one party is a consumer

Suggested Schedules

1. Arbitration Rules: Detailed procedural rules governing the arbitration process

2. Arbitrator Qualifications: Required qualifications and experience for arbitrators

3. Fee Schedule: Schedule of arbitrator fees and administrative costs

4. Notice Details: Contact details and address for service for all parties

5. Dispute Description: Detailed description of the dispute(s) subject to arbitration

6. Time Schedule: Proposed timeline for key arbitration milestones

7. Document Protocol: Procedures for document production and management

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Construction

Real Estate

Financial Services

Manufacturing

Technology

Energy

Mining

Transport and Logistics

Professional Services

International Trade

Retail

Healthcare

Agriculture

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Commercial

Operations

Corporate Governance

Procurement

Business Development

Project Management

Executive Leadership

Relevant Roles

Legal Counsel

Contract Manager

Commercial Director

Risk Manager

Compliance Officer

Chief Legal Officer

General Counsel

Business Development Manager

Project Manager

Operations Director

Chief Executive Officer

Commercial Manager

Procurement Manager

Corporate Secretary

Dispute Resolution Specialist

Industries
Arbitration Act 1996: The primary legislation governing arbitration in New Zealand, implementing the UNCITRAL Model Law on International Commercial Arbitration. This Act provides the fundamental framework for both domestic and international arbitration proceedings.
Contract and Commercial Law Act 2017: This Act contains general provisions about contract formation, interpretation, and enforcement that would be relevant to the arbitration deed as a binding contract.
Property Law Act 2007: Relevant for execution requirements of deeds in New Zealand, including formal requirements for valid execution and witnessing of deeds.
Limitation Act 2010: Contains provisions regarding time limits for bringing claims, which may be relevant to include in the arbitration deed's terms.
New Zealand Bill of Rights Act 1990: Relevant for ensuring the arbitration process respects fundamental rights, particularly the right to natural justice and fair hearing.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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