Arbitration

Arbitration in New Zealand is similar to adjudication but tends to be a more detailed and time consuming process.  Most construction contracts require parties to refer any dispute to arbitration rather than to Court (this does not prevent a party referring the same dispute to adjudication in the first instance - and a party cannot contract out of the Construction Contracts Act).

Arbitration is confidential and usually is conducted with the assistance of a lawyer due to its similarity to taking a dispute to Court.

Building Disputes Tribunal can assist parties with the arbitration process by helping with securing the appointment of an arbitrator from its panel of highly skilled arbitrators and by discussing the pros and cons of arbitration as a mechanism for resolving a building and construction dispute.

Click here to view a copy of the Arbitration Act 1996 or the Arbitration Amendment Act 2007