Commercial Disputes

ARBITRATION AND MEDIATION ARE BOTH POPULAR PROCESSES FOR THE RESOLUTION OF A WIDE RANGE OF COMMERCIAL DISPUTES
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Commercial Disputes

Arbitration and mediation are popular processes for the resolution of a wide range of commercial disputes.

NZDRC’s processes are specifically designed to ensure the most proportionate level of response is adopted providing parties with a fair, prompt and cost effective means of resolving their dispute. Both processes also allow commercial parties to resolve their disputes in a private forum maintaining confidentiality.

 

Arbitration

NZDRC provides both ad hoc arbitration services as well as institutional arbitration under its Arbitration Rules. Both options provide parties with access to arbitration on either a fixed or capped fee basis, providing parties with much needed certainty in terms of cost.

The NZDRC Arbitration Rules are intended to give parties the widest choice and capacity to adopt fully administered procedures that are fair, prompt and cost effective, and which provide a proportionate response to the amounts in dispute and the complexity of the issues involved.

NZDRC’s ad hoc arbitration service provides parties with flexibility to craft their own process while still giving them access to NZDRC’s institutional oversight, assistance, and support. Importantly, the service also provides certainty in terms of a capped arbitration fee.

When entering into a contract, we recommend that parties adopt one of our model clauses to ensure they can access these services should a dispute arise at a later date. Model clauses for both NZDRC ad hoc arbitration and NZDRC institutional arbitration may be found here.

 

Mediation

NZDRC’s commercial mediation offering provides commercial parties with a professional, fully administered, and credible mediation process. For commercial parties who are looking to craft a more flexible solution to their dispute, this option empowers parties to develop and explore mutually benefical settlement options with the assistance of an independent third party mediator who brings with them significant industry specific experience.

A model clause for mediation may be found here.

 

Find out more

NZDRC has significant knowledge and experience, which has been built up over the course of more than 30 years during which we have delivered consistent, professional and credible private dispute resolution services. Contact us today to find out more about how we can help you or your clients.

Harman obligation released for documents from mining arbitration

By Richard Pidgeon The implied undertaking of confidentiality in Harman v Secretary of State for the Home Department [1983] 1 AC 280 not to use documents discovered in a proceeding for collateral purposes was released in Wright Prospecting Pty Ltd v Hancock...

Serious irregularity standard in arbitration

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By Maria Cole A Court’s hands can be tied if a party does not ask for its assistance. In this case, the losing parties in an international arbitration had a foreign award enforced against them because they failed to ask the local Court to consider the law on when...

Singapore High Court compels party to arbitration to engage in mediation

By Kate Holland Caption: In the first case of its kind in Singapore, the High Court highlighted the trend towards the promotion of amicable dispute resolution as one of the reasons for compelling the parties to attend mediation. In the first case of its kind in...

Federal Court of Australia Enforces Foreign Arbitral Award of $40 Million

By Sam Dorne In Guoao Holding Group Co Ltd v Xue (No 2) [2022] FCA 1584, the Federal Court of Australia granted enforcement in Australia of a foreign arbitral award issued in China, and dismissed objections that enforcement would be contrary to Australian public...
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