Arbitration Submission Agreement Template for New Zealand

When you have a business dispute but no existing arbitration clause in your contract, an Arbitration Submission Agreement provides a structured pathway to resolve conflicts outside the court system. This document allows you and the other party to voluntarily agree to arbitration even after a dispute has emerged, giving you greater control over the resolution process than traditional litigation.

When do you need this document?

You'll need an Arbitration Submission Agreement when you're facing a commercial dispute with another business, government entity, or individual but your original contract lacks an arbitration clause. This situation commonly arises in construction disputes between contractors and clients, commercial supply disagreements between companies, partnership conflicts, or intellectual property disputes. The agreement is particularly valuable when both parties prefer confidential resolution, want to avoid lengthy court proceedings, or require industry-specific expertise from arbitrators. It's also essential when dealing with international commercial disputes where enforcing a New Zealand court judgment abroad might prove challenging, as arbitration awards benefit from broader international recognition under the New York Convention.

Key legal considerations

Your agreement must clearly define the scope of the dispute to prevent future disagreements about what issues the arbitrator can decide. You'll need to specify whether the arbitration will follow institutional rules (such as ACICA or NZIAC rules) or ad hoc procedures, as this affects timelines, costs, and procedural complexity. The arbitrator selection process requires careful consideration - you can choose a single arbitrator for simpler disputes or a three-member tribunal for complex matters. Consider including provisions for expedited procedures if time is critical, confidentiality clauses to protect sensitive business information, and clear cost allocation rules. You should also address the seat of arbitration, applicable law, and whether interim relief can be sought from courts. Emergency arbitrator provisions may be crucial if you need urgent interim measures before the main tribunal is constituted.

Legal requirements in New Zealand

Under the Arbitration Act 1996, your agreement must be in writing and clearly demonstrate both parties' intention to submit to arbitration. New Zealand follows the UNCITRAL Model Law, meaning your agreement benefits from internationally recognised standards. The Act requires that arbitrators be impartial and independent, so you must establish clear disclosure requirements and challenge procedures. You'll need to specify the number of arbitrators - if you don't choose, the default is one arbitrator. The agreement should address whether New Zealand courts can assist with evidence gathering, enforcement of interim measures, or setting aside awards. Consider the Arbitration Amendment Act 2019, which strengthens the presumption of confidentiality in arbitrations unless you specify otherwise. Your agreement must comply with the Contract and Commercial Law Act 2017 for contract formation and validity. If international enforcement is important, ensure your agreement aligns with New Zealand's obligations under the New York Convention for recognition of foreign arbitral awards.