Compare our Commercial Arbitration Rules

Please see below a table comparing the various Arbitration processes Building Disputes Tribunal provides based on frequently asked questions.

To access the various rules CLICK HERE

For more information on any of the processes or to find out what might be the most appropriate option for your situation please contact us on registrar@buildingdisputestribunal.co.nz or on (09) 486 7143
 

FAQs

ECA45

ECA60

ECA90

DCA

Does the Fixed Fee Low Value Arbitration Claim service (LVAC) apply? Yes

If the amount in dispute is less than $50,000, the total number of issues in dispute number 3 or less, and subject to certain conditions  relating to the volume of material that may be submitted
No No No
How long does the process take from the acceptance of appointment of  the arbitral tribunal to Final Award? The Objective is to make a final award in respect of the substantive issues and the costs and expenses of the arbitration within 45 working days The Objective is to make a partial award which finally determines the substantive matters at issue within
60 working days
A final award on costs to be made within 15 working days of receipt of partial award unless waived by parties
The Objective is to make a partial award which finally determines the substantive matters at issue within
90 working days
A final award on costs to be made within 20 working days of receipt of partial award unless waived by parties
Within such time as agreed by the parties or determined by the arbitral tribunal
Does the arbitral tribunal have the power to extend the time for making the award? Yes

Up to 5 working days
Yes

Up to 5 working days
Yes

Up to 10 working days
Yes

No time limit unless agreed by the parties
How is the arbitral tribunal selected? By agreement or in the absence of agreement, appointed by BDT By agreement or in the absence of agreement, appointed by BDT By agreement or in the absence of agreement, appointed by BDT By agreement or in the absence of agreement, appointed by BDT
Will a Directions Conference be held? If required by arbitral tribunal If required by arbitral tribunal If required by arbitral tribunal If required by arbitral tribunal
What is the time limit for the provision of the Points of Claim, submissions , and evidence? 5 Working Days after Acceptance of Appointment by the arbitral tribunal 5 Working Days after Acceptance of Appointment by the arbitral tribunal 15 Working Days after Acceptance of Appointment by the arbitral tribunal 30 Working days after Acceptance of Appointment  by the arbitral tribunal unless otherwise agreed by the parties, or as ordered  by the arbitral tribunal
What is the time limit for the provision of the Defence and Counterclaim, and respondent’s submissions  and evidence? 15 working days after acceptance of Appointment by the arbitral tribunal 15 working days after acceptance of Appointment by the arbitral tribunal 30 working days after acceptance of Appointment by the arbitral tribunal 60 Working days after Acceptance of Appointment by the arbitral tribunal 
unless otherwise agreed by the parties, or as ordered  by the arbitral tribunal
What is the time limit for provision of Defence to Counterclaim? 25 working days after acceptance of Appointment by the arbitral tribunal 25 working days after acceptance of Appointment by the arbitral tribunal 45 working days after acceptance of Appointment by the arbitral tribunal 75 Working days after Acceptance of Appointment by the arbitral tribunal 
unless otherwise agreed by the parties, or as ordered  by the arbitral tribunal
Can the times for actions by the parties be extended? Yes

By agreement of the parties
or in the absence of agreement  the arbitral tribunal may extend the time by up to 5 working days
Yes

By agreement of the parties
or in the absence of agreement  the arbitral tribunal may extend the time by up to 5 working days
Yes

By agreement of the parties
or in the absence of agreement  the arbitral tribunal may extend the time by up to 10 working days
Yes

By agreement of the parties
or in the absence of agreement  the arbitral tribunal may extend the time
Can the parties amend the pleadings after the date for submission of their documents? No Yes

If the arbitral tribunal considers it appropriate to allow such amendment
Yes

If the arbitral tribunal considers it appropriate to allow such amendment
Yes

Unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.
Will there be formal discovery and inspection of documents? No

All documents are to be provided at the same time as the Points of Claim, Defence and Counterclaim and Defence to the Counterclaim are filed.

Arbitral tribunal may request documents
No

All documents are to be provided at the same time as the Points of Claim, Defence and Counterclaim and Defence to the Counterclaim are filed.

Arbitral tribunal may request documents
No

All documents are to be provided at the same time as the Points of Claim, Defence and Counterclaim and Defence to the Counterclaim are filed.

Arbitral tribunal may request documents
If agreed by the parties or arbitral tribunal deems it necessary.

Arbitral tribunal may order parties to exchange verified lists with discovery and inspection in accordance with High Court Rules.

Otherwise discovery and inspection on an informal basis
Can the arbitral tribunal carry out an inspection of the subject matter of the dispute? Yes Yes Yes Yes
Will there be a hearing for the presentation and testing of oral evidence? No

But the arbitral tribunal may convene a conference to clarify any matters in dispute if the arbitral tribunal considers it appropriate
Yes

If requested by the parties or directed by the arbitral tribunal

Such hearing is not to exceed 3 days in length unless exceptional circumstances
Yes

If requested by the parties or directed by the arbitral tribunal

Such hearing is not to exceed 5 days in length unless exceptional circumstances
Yes

If requested by the parties or directed by the arbitral tribunal
Can the arbitral tribunal appoint an expert under Article 26 of the First Schedule to the Arbitration Act 1996? No No Yes

Unless otherwise agreed by the parties
Yes

Unless otherwise agreed by the parties
Can a party apply to the High Court for a determination on a preliminary point of law arising in the course of the arbitration? No No No Yes

With the consent of the arbitral tribunal or with the consent of every other party
Can the parties appeal to the High Court on any question of law arising out of the Award? Not as of right

Only with the consent of the other party after the making of the award or with leave of the High Court
Not as of right

Only with the consent of the other party after the making of the award or with leave of the High Court
Not as of right

Only with the consent of the other party after the making of the award or with leave of the High Court
As of right if the parties have so agreed before the making of that award, otherwise only with the consent of the other party after the making of the award or with leave of the High Court
What is the timeframe within which a party may appeal to the High Court on any question of law arising out of an award? Within 3 months after the date on which the party received the award Within 3 months after the date on which the party received the award Within 3 months after the date on which the party received the award Within 3 months after the date on which the party received the award
What is the timeframe within which the arbitral tribunal may make an award where the High Court remits the award to the arbitral tribunal for reconsideration? Within 3 months after the date of the order Within 3 months after the date of the order Within 3 months after the date of the order Within 3 months after the date of the order
Can the arbitral tribunal request further relevant submissions, information or evidence from the parties? Yes Yes Yes Yes
If the Award includes the payment of a sum of money, when is payment of that amount due? 10 working days from the date the award is given to the parties 10 working days from the date the award is given to the parties 10 working days from the date the award is given to the parties At the time ordered in the Award or such further time as the parties may agree
What is the timeframe for requesting a correction of any computational, clerical or typographical error? Within 3 working days after the date the award is given to the parties Within 3 working days after the date the award is given to the parties Within 3 working days after the date the award is given to the parties Within 30 days of the date the award is given to the parties unless another period has been agreed by the parties
What is the timeframe within which the arbitral tribunal may make any such correction? Arbitrator shall use best endeavours to make correction within 5 working days of receipt of the request if the arbitral tribunal considers the request justified
(default period of 30 days under the Act applies)
Arbitrator shall use best endeavours to make correction within 5 working days of receipt of the request if the arbitral tribunal considers the request justified
(default period of 30 days under the Act applies)
Arbitrator shall use best endeavours to make correction within 5 working days of receipt of the request if the arbitral tribunal considers the request justified
(default period of 30 days under the Act applies)
Within 30 days of the date of the award on the arbitral tribunal’s own initiative or within 30 days of receipt of the request if the arbitral tribunal considers the request justified - arbitral tribunal may extend the time
What is the timeframe for requesting interpretation of a specific point or part of the award? Within 3 working days after the date the award is given to the parties Within 3 working days after the date the award is given to the parties Within 3 working days after the date the award is given to the parties Within 30 days of the date the award is given to the parties unless another period has been agreed by the parties
What is the timeframe within which the arbitral tribunal may give an interpretation? Arbitrator shall use best endeavours to give an interpretation within 5 working days of receipt of the request if the arbitral tribunal considers the request justified
(default period of 30 days under the Act applies)
Arbitrator shall use best endeavours to give an interpretation within 5 working days of receipt of the request if the arbitral tribunal considers the request justified
(default period of 30 days under the Act applies)
Arbitrator shall use best endeavours to give an interpretation within 5 working days of receipt of the request if the arbitral tribunal considers the request justified
(default period of 30 days under the Act applies)
Within 30 days of the date of the award on the arbitral tribunal’s own initiative or within 30 days of receipt of the request if the arbitral tribunal considers the request justified - arbitral tribunal may extend the time
What is the timeframe for requesting an additional award? Within 3 working days after the award is given to the parties Within 3 working days after the award is given to the parties Within 3 working days after the award is given to the parties Within 30 days of receipt of the award unless another period has been agreed by the parties
What is the timeframe within which the arbitral tribunal may make an additional award? Arbitrator shall use best endeavours to make additional award within 5 working days of receipt of the request if the arbitral tribunal considers the request justified. Arbitral tribunal may extend the time and (default period of 60 days under the Act applies) Arbitrator shall use best endeavours to make additional award within 5 working days of receipt of the request if the arbitral tribunal considers the request justified. Arbitral tribunal may extend the time and (default period of 60 days under the Act applies) Arbitrator shall use best endeavours to make additional award within 5 working days of receipt of the request if the arbitral tribunal considers the request justified. Arbitral tribunal may extend the time and (default period of 60 days under the Act applies) Within 60 days of receipt of the request if it considers the request justified - arbitral tribunal may extend the time

 

An Authorised Nominating Authority
under section 65 of the Construction Contracts Act 2002