All Building Disputes Tribunal arbitrators have been appointed to the Tribunal’s panel because of their extensive knowledge and expertise in construction law coupled with their extensive knowledge, skill and experience in arbitration.
Some arbitrators come from legal backgrounds, some have an engineering, architectural and/or quantity surveying background and others have been builders, project managers and/or building consultants – all have extensive knowledge of building and construction practice and building and construction law in New Zealand.
The Building Disputes Tribunal provides a continuing professional development programme for its arbitrators to ensure consistency and excellence in the delivery of its services. All arbitrators on the Tribunal’s panel are required to maintain appropriate levels of continuing professional development.
The value of claims submitted to date for arbitration by Building Disputes Tribunal arbitrators range from simple factual disputes involving a few thousand dollars to disputes for over $100M involving numerous complex factual and legal issues.
Unless a party takes objection, each award by any Tribunal arbitrator is subject to ‘scrutiny’ by one of the Tribunal’s Principal Arbitrators before being given to the parties. Scrutiny is a key element of the Tribunal’s arbitration service ensuring that arbitrators’ awards are of the highest possible standard and thus less susceptible to correction or challenge in the courts. This unique quality assurance mechanism makes the Tribunal’s arbitration service the country’s most reliable arbitration system.
Process for Appointment of Arbitrators
The Building Disputes Tribunal employs full-time Registrars to manage and oversee the Tribunal’s appointment and arbitration services. The Registrars will appoint the most appropriate available arbitrator for any arbitration from the Tribunal’s panel. The Registrars will take into account the amount at issue, the complexity of the matters at issue, the geographical location of the parties and the subject-matter of the dispute so far as those factors may be relevant, and any particular requests or requirements of the parties.