BDT Rules: a comparison

The table below provides a brief summary of the key features and differences between the BDT arbitration processes available.

To access more detail on the BDT suites of arbitration rules, click here.

 
  Standard Rules ECA45 Rules ECA60 Rules ECA90 Rules
Which Rules by default? Claims greater than or equal to NZ$5M Claims less than NZ$500,000, or for declaratory relief only Claims greater than or equal to NZ$500,000 and less than NZ$2.5M

Claims greater than or equal to NZ$2.5M and less than NZ$5M*

*or where the Arbitral Tribunal determines the matter to be of exceptional urgency (Rule 1.4 Standard Rules)

Can a Claimant initiate a single Arbitration in relation to more than one contract? Yes Yes Yes Yes
Is the fixed fee arbitration service available?  No Yes No No
Are the Arbitral Tribunal's fees capped?  Yes Yes  Yes  Yes
How long does the process take from appointment to the Award on all substantive matters? Within such time as agreed by the parties or determined by the arbitral tribunal. The Objective is to make a final award in respect of the substantive issues within 45 working days. The Objective is to make a final award in respect of the substantive issues within 60 working days. The Objective is to make a final award in respect of the substantive issues within 90 working days.
Can a Party apply for an Interim Measure/Preliminary Order? Yes  Yes Yes Yes
Can a Party apply for an Interim Measure on an urgent basis? Yes Yes Yes Yes
Can a Party apply to join another party? Yes No No No
Can a Party apply to consolidate more than one Arbitration proceeding? Yes No No No
Is there a hearing? Yes, unless agreed by the parties, there is a hearing at the Arbitral Tribunal's discretion. No. Although the Arbitral Tribunal may exercise its discretion to convene a conference if necessary. Unless agreed by the parties, at the Arbitral Tribunal’s discretion but limited to 3 days. Unless agreed by the parties, at the Arbitral Tribunal’s discretion but limited to 5 days.
Is there provision for a visit or inspection of the relevant location, subject matter, property, goods at issue? Yes, at the Arbitral Tribunal’s discretion. Yes, at the Arbitral Tribunal’s discretion. Yes, at the Arbitral Tribunal’s discretion. Yes, at the Arbitral Tribunal’s discretion.
Are the Arbitral Tribunal's Awards subject to scrutiny by the BDT Registry before being issued? Yes Yes Yes Yes
Is there a right of appeal on a question of law? On an ‘opt in’ basis only. The Parties may agree that any appeal on a question of law may be made to the AMINZ Arbitration Appeals Tribunal. No No No

 
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