Guide to completing the Notice of Arbitration
Before completing the Notice of Arbitration on the following pages, please carefully read these guidance notes.
The Parties
In this section, set out the correct details for the Claimant and Respondent in terms of the Arbitration. Be careful to ensure that you name the correct Party. For example, if your dispute is with a company you need to ensure that the company is named as the other party and not the individual you may have been dealing with, and vice versa as the case may be.
If the contract is with a ‘family trust’, name each of the trustees as the party to the Arbitration ie, A and B as trustees of the X family trust.
Multiple Parties
There may be multiple Parties to your dispute. Simply adjust this template to provide details for each Party, ie First Claimant, Second Claimant, First Respondent, Second Respondent etc.
Multiple contracts
A Claimant may initiate a single arbitration in respect of disputes or differences arising out of or in connection with more than one contract, provided that:
- the Parties to each contract are the same;
- the Arbitration Agreements are compatible; and
- the Parties agree to a single Arbitration under the NZDRC Arbitration Rules.
The dispute
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 any responding Parties are suitably apprised of the nature of the alleged dispute.
Arbitration Agreement
In this section, you need to specify:
- the Arbitration Agreement that is being invoked; and
- 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 adopt that process. As such, it is essential to have an Arbitration Agreement before you proceed.
The following arbitration clause should be included in contracts where the Parties wish to have any future disputes resolved by Arbitration under the NZDRC Arbitration Rules:
“Any dispute or difference arising out of or in connection with this contract, or the subject matter of this contract, including any question about its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the New Zealand Dispute Resolution Centre.”
NOTE: Parties to an existing dispute that have not incorporated the NZDRC Model Clause into a prior agreement may agree to refer that dispute to arbitration under these Rules by signing the Arbitration Agreement at Appendix 5 to the Rules.
The relief or remedy sought
In this section, you need to specify what it is you are seeking in your arbitration claim eg, whether it is an amount of money or a declaration as to the parties’ rights and obligations.
It is not necessary for a claimant to establish the full details of the quantum of a claim before referring that dispute to arbitration. The relief or remedy sought may be couched in the form of a question, ie what sum is due? or made in the amount of [$amount] or such other sum as the arbitrator may award.
Parties’ nominees
This section only needs to be completed where the Parties have agreed that the Arbitral Tribunal is to be composed of three Arbitrators, in which case, you need to set out in full the names and all contact details for each party’s nominee (if known).
Making an application to NZDRC
A 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, apply to NZDRC to appoint the Arbitral Tribunal by completing an Application for Arbitration. The Application must include:
- the Arbitration Agreement;
- the Notice of Arbitration specifying the means by which the Notice of Arbitration was served on the Respondent, and the date of service;
- 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.
The Application may be made simply and easily online.
If you have any questions or concerns regarding your legal rights and obligations, we highly recommend that you speak with a legal advisor.
We suggest you try NZLS’ Find a Lawyer to locate someone near you who is able to provide the advice you are seeking: https://www.lawsociety.org.nz/for-the-public/find-a-lawyer/.
New Zealand Dispute Resolution Centre Te Pokapū Whakatau Tautohe o Aotearoa
In the matter of an Arbitration under the Arbitration Act 1996 and its amendments | … | |
|---|---|---|
Between | Click or tap here to enter text.
| |
Referring Party and Claimant | ||
And | [Respondent(s)] | |
Respondent | ||
NOTICE OF ARBITRATION
Dated Click or tap to enter a date.
Insert Claimant name(s) hereby gives written notice of its intention to refer a dispute with
Insert Respondent name(s) to arbitration in accordance with the Arbitration Act 1996 and the Arbitration Rules of the New Zealand Dispute Resolution Centre.
The Parties
Provide the names, address for service (ie the registered office or usual or last known place of residence or business) and contact details of each party to the intended arbitration.
Claimant: | Attention:
| |
|---|---|---|
Address for service: | ||
Phone: | ||
Email: | ||
Representative: | ||
Name of firm: | ||
Address: | ||
Phone:
| ||
Email: | ||
Respondent: | Attention:
| |
|---|---|---|
Address for service: | ||
Phone: | ||
Email: | ||
Representative: | ||
Name of firm: | ||
Address: | ||
Phone:
| ||
Email: | ||
Dispute
[set out a brief description of the nature of the dispute]
Arbitration Agreement
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 this dispute is found in [name the arbitration agreement].
Relief or remedy sought
The Claimant seeks the following remedy:
[name the relief or remedy sought]
Parties’ Nominees (optional)
The Claimant makes the following proposal regarding the identity and/or experience or expertise of the Arbitral Tribunal:
Dated (Click or tap to enter a date):
Insert Name of Signatory.
Download template
Click the link below to download our comprehensive guide and template.