NOTICE OF ARBITRATION
Before completing the Notice of Arbitration, please carefully read these guidance notes.
This Notice of Arbitration is to be used where the Parties to the dispute have previously agreed to refer any dispute to Arbitration under the BDT Arbitration Rules, typically by way of inclusion of the BDT Arbitration Model Clause in their underlying agreement/contract.
Where Parties have not previously agreed to refer any dispute to Arbitration under the BDT Arbitration Rules, they will need to execute an Arbitration Agreement in the form found at Appendix 2 to the BDT Arbitration Rules to proceed.
Parties who have executed an Arbitration Agreement in the form found at Appendix 2 to the BDT Arbitration Rules do not need to complete and serve a Notice of Arbitration, and can immediately proceed to make an application for the appointment of the Arbitral Tribunal using BDT’s online application form.
GUIDE TO COMPLETING THE NOTICE OF ARBITRATION
- The Parties and their Representatives
- Multiple Parties
- Arbitration Agreement
- The dispute
- The relief or remedy sought
- Proposals as to composition of Arbitral Tribunal
- Making an application to BDT
- Legal advice
- Notice of Arbitration template
In this section, set out the full names and contact details for each of the Parties and their Representatives, including a current email address for each where that is available as that will be the primary means of communication used by the Registry.
Be careful to ensure that you correctly name/identify any Party. For example, if your contract is with a company you need to ensure that the company is fully and correctly named as the other Party – not the trading name it may use or the name of any individual you may have been dealing with. If the contract is with a ‘trust’, name each of the trustees in their capacity as trustees of the trust as the Party to the Arbitration proceeding ie, A and B as trustees of the XYZ trust.
You must ensure that all relevant Parties (and their Representatives, where they are known) are named and included in the Notice of Arbitration.
There may be multiple Parties to your dispute. Simply adjust this template to provide details for each Party.
In this section, you need to specify:
(a) the Arbitration Agreement that is being invoked; and
(b) the legal instrument or the relationship out of, or in relation to which, the dispute arises.
To proceed to Arbitration, the Parties must have agreed to arbitrate under the BDT Arbitration Rules. As such, it is essential to have a duly executed Arbitration Agreement before you proceed.
In many cases the following BDT Model Arbitration clause (or words to a similar effect) will be included in contracts where the Parties wish to have any future disputes resolved by Arbitration under the BDT Arbitration Rules:
In such cases all that is required is to attach a copy of the relevant provision in the contract and a copy of the execution page of the contract to the Notice of Arbitration.
NOTE: Parties to an existing dispute that have not incorporated the BDT Model Arbitration Clause into a prior agreement may agree to refer that dispute to Arbitration under the BDT Arbitration Rules by signing the Arbitration Agreement at Appendix 2 to the Rules. After executing that agreement, the Parties can proceed to making an immediate application for the appointment of an Arbitral Tribunal using BDT’s online application form. There is no need to complete this Notice of Arbitration.
In this section, you need to set out in summary form the nature of the dispute. It is essential that sufficient information is given so that every other Party and BDT are suitably apprised of the nature of the dispute and the issues that will be raised in the Arbitration proceeding.
Information concerning the nature and details of the dispute assist BDT where it is required to select and appoint an arbitrator under the Rules.
In this section, you need to specify the relief or remedy that you are seeking in the Arbitration proceeding ie, the payment of money or declaratory relief.
This is simply so that every other Party is suitably apprised of what the Claimant is seeking such that each Respondent can understand the scope and nature of the claim(s) made against it by the Claimant in the Arbitration proceeding.
In this section, you may specify the name and details of any person you propose to act as an arbitrator, or the experience/expertise that you consider would be necessary/helpful for an arbitrator to have.
Please note it is not essential that you propose anyone to act as an arbitrator, or for the Parties to try and agree on the composition of the Arbitral Tribunal – in many cases, neither the Parties nor their Representatives will have sufficient experience and/or knowledge to make a fully informed decision. BDT’s Registrars are experienced in selecting and appointing arbitrators, and in the vast majority of cases, BDT will select and appoint the Arbitral Tribunal.
The Claimant may, after the expiry of ten working days from the date of service of the Notice of Arbitration on every other Party, or earlier if the Parties have agreed on a nominee or the Parties have signed the Arbitration Agreement in the form found at Appendix 2 to the BDT Arbitration Rules, apply to BDT to appoint the Arbitral Tribunal by completing an Application for Arbitration. The Application must include:
(a) the Arbitration Agreement;
(b) the Notice of Arbitration (if relevant);
(c) any document recording the Parties’ agreement as to the composition of the Arbitral Tribunal, or, where no agreement has been reached:
i. any proposal as to the composition of the Arbitral Tribunal, and if it exists, any response to that proposal; and
ii. any document recording the Parties’ agreement as to the preferred expertise of the Arbitral Tribunal, or where no agreement has been reached, any proposal as to the preferred expertise of the Arbitral Tribunal and, if it exists, any response to that proposal.
If you have any questions or concerns regarding your legal rights and obligations, we strongly recommend that you take independent legal advice from a lawyer experienced in arbitration.
We suggest you try NZLS’ Find a Lawyer to locate someone who is able to provide the advice you require: http://www.lawsociety.org.nz/for-the-community/find-lawyer-and-organisation.
[CLAIMANT] hereby gives written notice of its intention to refer a dispute with [RESPONDENT] to Arbitration in accordance with the Arbitration Rules of the Building Disputes Tribunal.
Provide the names and contact details of each Party to the intended Arbitration proceeding and that Party’s Representative.
Name of firm:
Name of firm:
The dispute has arisen out of, or in relation to, [name the legal instrument or relationship out of, or in relation to which, the dispute arises].
The parties’ agreement to arbitrate under the BDT Arbitration Rules is [identify the Arbitration Agreement].
(Copy of Arbitration Agreement attached)
[set out a brief description of the nature of the dispute]
RELIEF OR REMEDY SOUGHT
[Claimant] seeks the following relief or remedy:
PROPOSALS AS TO COMPOSITION OF ARBITRAL TRIBUNAL
[Claimant] makes the following proposals regarding the identity and/or experience or expertise of the Arbitral Tribunal:
Dated at [PLACE] this [DATE]