Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, adjudicators, arbitrators and mediators are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

ARB-MED AGREEMENT

By an Agreement

Dated this day of (month) (year)

BETWEEN:

____________________________________Claimant

AND

____________________________________Respondent

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:

Phone:

Mobile:

Email:

Notices to the Respondent:

Notices to the Respondent shall be given to an address for service which is:

Phone:

Mobile:

Email:

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.
 

Claimant Respondent
Signature: Signature:
Name: Name:
Position: Position:
In the presence of:
Name: Name:
Address: Address:
Occupation: Occupation:
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:

(a) [ ]

(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.