Arbitration Submission Agreement Template for New Zealand

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Key Requirements PROMPT example:

Arbitration Submission Agreement

"I need an Arbitration Submission Agreement under New Zealand law for a construction dispute between my company and a subcontractor, with three arbitrators and AMINZ rules to apply, requiring completion of arbitration by March 2025."

Document background
The Arbitration Submission Agreement is a crucial document used when parties have an existing dispute they wish to resolve through arbitration, even though they may not have a pre-existing arbitration clause in their original contract. This agreement, governed by New Zealand law, particularly the Arbitration Act 1996, provides a comprehensive framework for the arbitration process. It is distinct from arbitration clauses in contracts as it is created after a dispute has already arisen and therefore can be more detailed and tailored to the specific circumstances of the dispute. The agreement includes essential elements such as the precise definition of the dispute, the arbitration procedures, the selection of arbitrators, and various other terms that will govern the arbitration process. It's particularly valuable in New Zealand's commercial environment where alternative dispute resolution is increasingly preferred over traditional litigation.
Suggested Sections

1. Parties: Identification of all parties to the arbitration agreement, including their full legal names, registration numbers (if applicable), and addresses

2. Background: Context of the dispute, including reference to any underlying contracts or relationships between the parties

3. Definitions: Key terms used throughout the agreement, including 'Dispute', 'Arbitral Tribunal', 'Award', etc.

4. Agreement to Arbitrate: Express agreement of the parties to submit the specified dispute to arbitration and waive their right to litigate

5. Scope of Arbitration: Detailed description of the dispute(s) to be submitted to arbitration

6. Arbitrator Appointment: Process for appointing the arbitrator(s), including number of arbitrators and selection method

7. Seat of Arbitration: Specification of the legal seat of arbitration and the venue for hearings

8. Governing Law: Law governing the arbitration agreement and the substantive dispute

9. Language: Official language(s) of the arbitration proceedings

10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials

11. Costs: Provisions regarding allocation of arbitration costs and legal fees

12. Execution: Signature blocks and execution provisions

Optional Sections

1. Interim Measures: Powers of the tribunal to grant interim relief, used when parties anticipate needing urgent temporary measures

2. Document Disclosure: Specific rules for document production and disclosure, useful for complex disputes with extensive documentation

3. Expert Evidence: Provisions regarding appointment and use of expert witnesses, important for technical disputes

4. Multiple Parties: Special provisions for cases involving more than two parties, including joinder and consolidation

5. Appeals: Provisions regarding rights of appeal, if parties wish to preserve or modify statutory appeal rights

6. Mediation-Arbitration: Provisions for attempted mediation before proceeding to arbitration, useful when parties want to try settlement first

7. Time Limits: Specific deadlines for various stages of the arbitration, useful for expedited proceedings

8. Split Proceedings: Provisions for bifurcation of proceedings, useful for complex disputes where liability and quantum might be separated

Suggested Schedules

1. Schedule 1 - Dispute Description: Detailed description of the dispute, including chronology of events and specific claims

2. Schedule 2 - Arbitrator Qualifications: Required qualifications and experience for the arbitrator(s)

3. Schedule 3 - Procedural Rules: Specific procedural rules to be followed in the arbitration, if not using institutional rules

4. Schedule 4 - Documents List: List of key documents relevant to the dispute

5. Schedule 5 - Timetable: Proposed timetable for the arbitration proceedings

6. Appendix A - Underlying Agreement: Copy of the underlying agreement(s) giving rise to the dispute

7. Appendix B - Correspondence: Relevant pre-arbitration correspondence between the parties

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

Relevant Industries

Construction

Infrastructure

Energy

Mining

Manufacturing

Technology

Financial Services

Real Estate

Agriculture

Telecommunications

Transportation

Maritime

Healthcare

Professional Services

Retail

International Trade

Relevant Teams

Legal

Compliance

Risk Management

Corporate Affairs

Executive Leadership

Commercial Operations

Contract Management

Business Development

Project Management

Finance

Relevant Roles

General Counsel

Legal Director

Corporate Lawyer

Commercial Manager

Contract Manager

Risk Manager

Compliance Officer

Chief Legal Officer

Dispute Resolution Lawyer

Legal Operations Manager

Chief Executive Officer

Chief Financial Officer

Project Manager

Business Development Manager

Company Secretary

Industries
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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