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.

ARBITRATION AGREEMENT

 

By an Agreement 

Dated this                   day of                                                 (month)                         (year) 

BETWEEN:

                                                                                                                           Claimant

AND 

                                                                                                                           Respondent

Together, the Parties  

The Parties 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 for final determination in accordance with the Arbitration Rules of the Building Disputes Tribunal (BDT Arbitration Rules).

The number of arbitrators will be one. [or where the amount in dispute is ≥ NZ $2.5M may choose three]

The language to be used in the Arbitration 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 Arbitration Agreement any party may initiate the Arbitration by completing an Application for Arbitration in terms of Rule 5.4.

For the avoidance of doubt, under this Arbitration Agreement the Claimant is not required to serve a Notice of Arbitration under Rule 5.1 to initiate the Arbitration or to attach such Notice to the Application for Arbitration 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 Arbitration Agreement and the BDT Arbitration Rules; and

I agree to be bound by the terms of this Arbitration Agreement and the BDT Arbitration 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 ARBITRATION

The Parties have agreed that the following matters in dispute are the matters to be submitted to Arbitration:

(a) [ ]

(b) [ ]

 

Parties may use this Arbitration Agreement to record their agreement to refer a dispute which has already arisen to Arbitration with BDT.

The BDT Model Clause should be inserted into all new contracts where the parties wish any future disputes to be referred to Arbitration with BDT.