International Commercial Disputes
The ability to have an international commercial dispute arbitrated or mediated by a third party who has specialist knowledge and experience with international commercial matters is increasingly being viewed as essential to ensuring a credible dispute resolution process.
International commercial disputes are administered by NZDRC’s related registry service, the New Zealand International Arbitration Centre (NZIAC).
NZIAC provides an effective forum for the settlement of international trade, commerce, investment, and cross-border disputes in the Trans-Pacific region.
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Overview of services
NZIAC is well placed to ensure the most robust, professional and sector specific service is available for parties engaged in international commercial matters.
Process options
With a range of processes available, there will be one to best suit your needs, whatever the nature of your dispute.
FAQ
Explore our FAQ section for quick insights and to find answers to common questions.
Overview of services
NZIAC has arbitrators, mediators, adjudicators and experts working with us who have significant experience dealing with a wide range of issues commonly present in international commercial disputes. This means NZIAC is well placed to ensure the most robust, professional, and sector-specific service is available for parties operating cross-border.
Additionally, NZIAC’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. Our processes allow commercial parties to resolve their disputes in a private forum, maintaining confidentiality
Process options
For international commercial disputes, the most commonly used dispute resolution processes are arbitration, mediation, arb-med, and adjudication. The New Zealand International Arbitration Centre (NZIAC) provides services for each of these processes.
In arbitration, parties can choose between ad hoc and institutional arbitration under NZIAC’s rules. Both options provide a fair, prompt, and cost-effective process. Institutional arbitration under NZIAC’s Arbitration Rules, in particular, provides parties with best-in-class arbitration services at the most efficient time and price point.
Mediation through NZIAC offers a professionally administered process that allows commercial parties to explore mutually beneficial solutions with the help of an industry-experienced, independent mediator. Arb-med, a hybrid of arbitration and mediation, combines the advantages of both methods. It aims for good faith negotiation and settlement, with the arbitration process resuming if mediation does not succeed. Finally, contractual adjudication provides a swift and cost-effective dispute resolution mechanism, resulting in a binding and enforceable, but not necessarily final, determination within 35 working days. Model clauses for arbitration, mediation, arb-med and adjudication can be found on the NZIAC website.
FAQ
Find quick insights and helpful information on a variety of topics related to international commercial disputes
Why choose NZIAC?
NZIAC offers fully administered dispute resolution processes.
We operate as a private registry, providing one point of reference for parties and their representatives, assisting with the appointment of dispute resolution practitioners, and managing and administering private dispute resolution processes across a wide variety of sectors and industries across the globe.
Our services include a dedicated registrar and a peer-review process. These allow for better case management and improved decision quality.
How do I know what process is right for me?
The right process will depend on the context of your particular case and any agreement between the parties as to their preferred process.
If the dispute relates to a legal right or a transactional matter, and the parties simply can’t agree on what should happen or what value should be applied, then it may be appropriate for the dispute to be heard through a determinative process, such as arbitration or adjudication.
Some disputes may concern ongoing relationships or matters which would benefit from more creative and forward focussed outcomes. In these cases, mediation may be more appropriate as it is a more consensual, informal and flexible process.
What are the benefits of resolving international commercial disputes outside of the court system?
Resolving international commercial disputes outside of the court system, through methods such as arbitration, mediation, arb-med, and adjudication, offers several benefits.
These processes are typically more cost-effective, faster, and more flexible than traditional court litigation. They also offer the potential for early resolution in certain cases. Moreover, they allow for a degree of control over the process, such as the ability to choose an industry-experienced, independent mediator or arbitrator. This can enhance the fairness and effectiveness of the dispute resolution process.
Furthermore, these methods offer confidentiality, which can be crucial in commercial disputes. Finally, decisions reached through these processes are binding and more readily enforceable than a court judgment, providing certainty and closure to the parties involved.
How enforceable are the outcomes of private dispute resolution processes?
Arbitration awards are enforceable both domestically under the Arbitration Act 1996 and internationally under the New York Convention. Enforcement may only be refused in very rare cases making arbitration a popular means of obtaining final resolution of a dispute. Mediated settlement agreements and adjudication determinations are enforceable as a matter of contract.
How is confidentiality maintained throughout the process?
Confidentiality in private dispute resolution processes is maintained through a combination of statutory provisions, contractual obligations, and NZIAC’s institutional rules.
Hearings and mediations are conducted in private, with no public access to the proceedings or the evidence and submissions presented.
While absolute confidentiality is never guaranteed, measures taken by NZIAC aim to create a robust framework for maintaining confidentiality in line with party expectations for private dispute resolution.
Take the first step towards resolving your international commercial dispute today
If you are involved in an international commercial dispute and seek a fair, efficient, and cost-effective resolution, consider choosing the New Zealand International Arbitration Centre (NZIAC). NZIAC offers a range of processes including arbitration, mediation, arb-med, and adjudication. These methods are designed to be more flexible, prompt, and cost-effective than traditional court litigation, with potential for early resolution in certain cases. Plus, they provide confidentiality and result in binding and enforceable decisions. Adopt the relevant NZIAC model clause into your contracts today, to access these effective dispute resolution services.
Contact NZIAC today to find out more about how we can help you or your clients.
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