By an Agreement
Dated this day of (month) (year)
Together, the Parties
The Claimant and the Respondent are Parties to (define legal relationship):
Entered into on or about (enter date):
For, or in relation to (enter detail):
The Claimant and the Respondent have agreed that [all matters in dispute between them / the matters in dispute between them set out in the Schedule attached hereto (delete one)] shall be referred to Arbitration in accordance with the Arb-Med Rules of the Building Disputes Tribunal (BDT Arb-Med Rules).
The number of arbitrators will be one. [or may choose three]
The language to be used in the Arb-Med process will be English. [or choose another language]
The governing law of the contract will be the substantive law of New Zealand. [or choose another country]
On execution of this Arb-Med Agreement, any Party may initiate Arb-Med by completing an Application for Arb-Med in terms of Rule 5.4.
For the avoidance of doubt, under this Arb-Med Agreement the Claimant is not required to serve a Notice of Arb-Med under Rule 5.1 to initiate Arb-Med or to attach such Notice to the Application for Arb-Med under Rule 5.4(b).
Notices to the Claimant:
Notices to the Claimant shall be given to an address for service which is:
Notices to the Respondent:
Notices to the Respondent shall be given to an address for service which is:
I certify that: I have read and understood this Arb-Med Agreement and the BDT Arb-Med Rules; and
I agree to be bound by the terms of this Arb-Med Agreement and the BDT Arb-Med Rules.
|In the presence of:|
SCHEDULE OF MATTERS IN DISPUTE FOR REFERENCE TO ARB-MED
The Parties have agreed that the following matters in dispute are the matters to be submitted to Arb-Med:
(b) [ ]
Prior to engaging in Arbitration, Parties to a dispute must agree to arbitrate. Where they have not already agreed to refer a dispute to Arbitration under BDT’s Arb-Med Rules, they may do so by completing this Arb-Med Agreement.
The BDT Model Clause should be inserted into all new contracts where the parties wish any future disputes to be referred to Arb-Med with BDT.