18 August 2021 | IMPORTANT NOTICE

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In line with Ministry of Health guidance, our staff are currently working remotely. They remain available to assist and it is business as usual. However, we ask that wherever possible you contact us online or by email to registrar@buildingdisputestribunal.co.nz.

If you need to courier documents, please contact our Registry staff in the first instance to confirm the appropriate delivery details.

He waka eke noa.

Arbitration

A cost effective and private dispute resolution option that gives you finality
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Arbitration is a formal dispute resolution process whereby two or more parties agree to submit all or certain disputes between them to an independent person called an arbitrator, for a binding decision. The process is governed by the Arbitration Act 1996 and the Arbitration Amendment Act 2007. An arbitrator’s decision, called an award, is binding on the parties and is enforceable as a judgment of the Court.

The objective of arbitration is to provide a flexible and efficient means of resolving disputes quickly, cost effectively, privately and confidentially without necessarily adhering to the formalised, technical procedures of litigation.

Whilst arbitration is closely related to litigation, there are several key differences which make it an important and attractive alternative to state litigation. In particular, arbitration gives the parties the power to choose their own decision maker, place and time of hearing, and as far as they can agree, to control the arbitration procedures which may be varied to suit the nature and complexity of the dispute.

BDT operates at the cutting edge of modern and commercial dispute resolution in New Zealand, providing fully administered Arbitration services governed by its comprehensive suite of Arbitration Rules, including expedited procedures and access to fixed fee and fee capped services. BDT’s services provide parties with the highest quality Arbitration services at a realistic and known price.

Construction Contracts – Enforcement of Debts Due and Mandatory Alternative Dispute Resolution Clauses

By Melissa Perkin. The recent High Court decision in Hellaby Resources Services Limited v Body Corporate 197281 [2021] NZHC 554 is of particular interest in the construction sector for several key reasons: it is a rare example where a stay of enforcement of summary...

What are the cost implications of challenging an arbitral award through the courts?

By Maria Cole. A recent decision of the Singapore High Court shone a spotlight on indemnity costs and when they will, and won’t, be granted following the unsuccessful challenge of an arbitral award. The decision highlighted the opposite principles in place between...

Experts’ duties and conflicting interests – Secretariat Consulting Pte Ltd v A Company

By Belinda Green. Experts may look to amend their terms of engagement, as the English Court of Appeal finds a conflict of interest clause applied to a global brand, despite involving separate experts in different locations, contracting via separate legal entities....

When will (and won’t) implied warranties expand the scope of works?

By Maria Cole. The New South Wales Court of Appeal confirms statutory warranties can expand a scope of works, but the bargain that has been agreed to still holds sway. Oikos Constructions Pty Limited v Ostin [2020] NSWCA 358 (Oikos Constructions) In Oikos...

Cross Lease

What is a cross lease? A cross lease is where a number of people own an undivided share in a piece of land and the homes that they build on the land are leased from the other land-owners (normally for a term of 999 years). The houses are usually flats or townhouses....

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