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# New Zealand Dispute Resolution Centre

New Zealand Dispute Resolution Centre

## Sitemaps

- [XML Sitemap](https://nzdrc.co.nz/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Knowledge Hub](https://nzdrc.co.nz/knowledge-hub/) - Explore the Knowledge Hub at NZDRC for comprehensive guides, model clauses, publications, and resources on dispute resolution. Access valuable tools today.
- [Practice Note: Use of Artificial Intelligence in Arbitration](https://nzdrc.co.nz/practice-note-use-of-artificial-intelligence-in-arbitration/) - NB: references to The ADR Centre include all subsidiaries, including the New Zealand Dispute Resolution Centre (NZDRC), New Zealand International Arbitration Centre (NZIAC), Building Disputes Tribunal (BDT), the Family Dispute Resolution Centre (FDRC), and the Independent Complaint and Review Authority (ICRA). This Practice Note provides guidance on the use of artificial intelligence (AI) tools in
- [What the 2025 Grocery Supply Code means for suppliers](https://nzdrc.co.nz/what-the-2025-grocery-supply-code-means-for-suppliers/) - Big changes to the Grocery Supply Code take effect on 1 May — and if you supply groceries to one of New Zealand's regulated retailers, it's worth knowing what's new. The 2025 Code has been designed with suppliers in mind. It strengthens existing protections in several important areas and adds new ones. Here's a plain-language breakdown.
- [Urgent interim relief](https://nzdrc.co.nz/urgent-interim-relief/) - In many instances, speedy dispute resolution will be of utmost importance for parties. If a dispute is not resolved promptly it may threaten a party’s solvency or ability to conduct ‘business as usual’. In response to this need, a number of overseas arbitral institutions have introduced the concept of an ‘emergency arbitrator’. Under those procedures, at the request of a party an emergency arbitrator is appointed to determine applications for urgent interim relief before the arbitral tribunal is constituted. Once the application is dealt with, the ‘emergency arbitrator becomes functus.
- [GICA and the Dispute Resolution Scheme in action](https://nzdrc.co.nz/gica-and-the-dispute-resolution-scheme-in-action/) - The first adjudication decision under the Grocery Industry Dispute Resolution Scheme (the Scheme) (www.grocerydispute.co.nz ) has been issued.
- [.nz Dispute Resolution Scheme – Annual Report release ](https://nzdrc.co.nz/nz-dispute-resolution-scheme-annual-report-release/) - Speed as a baseline In today’s online digital environment, .nz domain names are valuable, active, commercial assets. When disputes arise, resolution needs to move at the pace of commerce — not the pace of traditional legal processes. Businesses need certainty quickly. This report highlights how binding outcomes can be reached in a fraction of the time typically associated with Court proceedings. On average, expert determination under the scheme results in a decision within 6
- [When consent to cross‑lease changes can be “reasonably” withheld  ](https://nzdrc.co.nz/when-consent-to-cross-lease-changes-can-be-reasonably-withheld/) - The Court of Appeal has clarified the law on when consent to cross-lease alterations can be withheld – and the decision represents a meaningful shift from how the issue has long been approached in practice. Cross‑leases are a common form of residential tenure in New Zealand. In most arrangements, structural alterations require the consent of all lessors (the owners of all cross-lease flats on the land). However, that consent cannot be “unreasonably withheld”. For decades, the case of Smallfield v Brown was widely understood to mean that withholding consent would only be unreasonable where the proposed alteration delivered a substantial benefit to the applicant and caused only trifling detriment to the neighbour. In the recent case of Liow v Martelli, the Court held that Smallfield v Brown does not correctly state the law.
- [When the math matters: NZDRC arbitrator gets rent review right](https://nzdrc.co.nz/when-the-math-matters-nzdrc-arbitrator-gets-rent-review-right/) - Rent review disputes might not make headlines, but when they end up in arbitration — and then in the High Court — the details matter. A recent case involving a decision of one of NZDRC's arbitrators, Catherine Green, is a good reminder of why getting the numbers right is so important.
- [Practice Note: Technology-Enabled Arbitration](https://nzdrc.co.nz/practice-note-technology-enabled-arbitration/) - NB: references to The ADR Centre include all subsidiaries, including the New Zealand Dispute Resolution Centre (NZDRC), New Zealand International Arbitration Centre (NZIAC), Building Disputes Tribunal (BDT), the Family Dispute Resolution Centre (FDRC), and the Independent Complaint and Review Authority (ICRA). This Practice Note provides guidance to arbitrators appointed in The ADR Centre arbitrations where
- [AI Transforming Legal Practice: Highlights from GAITC 2025 Law & AI Forum ](https://nzdrc.co.nz/ai-transforming-legal-practice-highlights-from-gaitc-2025-law-ai-forum/) - The Law & AI Forum, held in Hangzhou, China, was a key feature of the Global Artificial Intelligence Technology Conference (GAITC). Centred on the theme “Digitalisation of the Rule of Law and Legalisation of the Digital World,” the forum brought together more than 260 legal professionals, scholars, and technologists for in-depth discussions on the evolving relationship between artificial intelligence and the legal domain. An additional 6,000 participants joined the event online. The forum was hosted by the Chinese Association for Artificial Intelligence (CAAI), and co-organised by the Digital Laboratory of Rule of Law at Zhejiang University, the CAAI Artificial Intelligence Logic Committee, PKULAW,[1] and Huazhong University of Science and Technology Press.
- [“Careful and reasonable”: New Zealand Dispute Resolution Centre welcomes High Court finding on rent-review arbitral award  ](https://nzdrc.co.nz/careful-and-reasonable-new-zealand-dispute-resolution-centre-welcomes-high-court-finding-on-rent-review-arbitral-award/) - The High Court (the Court) has declined an application to set aside an arbitral award administered by the New Zealand Dispute Resolution Centre ( NZDRC) and decided by one of its arbitrators, Catherine Green. The decision, A & H (Kumeu) Ltd v Kumeu Playschool Ltd, is noteworthy. [1] The Court did not just uphold the award because setting it aside is difficult. Rather, the Court commended the award for its numerical literacy, making note of the arbitrator’s understanding of the mathematical basis of the dispute. The Court also emphatically agreed with the arbitrator’s interpretation of a key clause in the parties’ lease agreement.
- [Resolve your commercial lease rent review dispute quickly and cost-effectively ](https://nzdrc.co.nz/resolve-your-commercial-lease-rent-review-dispute-quickly-and-cost-effectively/) - Unfortunately, rent review disputes are common, especially in the current economic climate. They are often stressful, time-consuming and expensive and may damage the ongoing relationship between the landlord and the tenant. What are your options if you are involved in a rent review dispute?
- [It's Time: How New Zealand can bring together Latin America and Asia](https://nzdrc.co.nz/how-new-zealand-can-bring-together-latin-america-and-asia/) - Is it time for work to begin again on the Southern Link project? Here, we identify the opportunities which have arisen since the easing of COVID-19 restrictions, and how New Zealand can take advantage of these.
- [Cryptocurrency trading platform giant, Binance, loses appeal to stay proceedings in favour of arbitration ](https://nzdrc.co.nz/cryptocurrency-trading-platform-giant-binance-loses-appeal-to-stay-proceedings-in-favour-of-arbitration/) - The Ontario Court of Appeal (the Court) has re-examined arguments over whether a cryptocurrency dispute between cryptocurrency holders and their trading platform, Binance Holdings Limited (Binance), should have been heard in arbitration. In Lochan. v. Binance Holdings Limited, 2023 ONSC 6714, the Ontario Supreme Court rejected pleas from Binance Holdings Limited (Binance) that legal proceedings
- [Third party rights in arbitration: can an arbitral award impact a non-party to the agreement?](https://nzdrc.co.nz/third-party-rights-in-arbitration-can-an-arbitral-award-impact-a-non-party-to-the-agreement/) - In KZ v KY, the Hong Kong Court of First Instance (the Court) considered whether an arbitral award impacting third parties can be enforced by a court. More fundamentally, the Court also asked whether any third parties had been impacted at all.
- [GROCERY INDUSTRY DISPUTE RESOLUTION SCHEME DELIVERED BY THE NEW ZEALAND DISPUTE RESOLUTION CENTRE GOES LIVE ](https://nzdrc.co.nz/grocery-industry-dispute-resolution-scheme-delivered-by-the-new-zealand-dispute-resolution-centre-goes-live/) - Minister Andrew Bayly, the Minister of Commerce and Consumer Affairs, announced yesterday that he has approved the rules of the Grocery Industry Dispute Resolution Scheme. The scheme is now in force. The New Zealand Dispute Resolution Centre (NZDRC) is proud to have been selected to provide this scheme for the grocery industry, and to now have it available for use.
- [Australian Hague Rules: party to shipping dispute rails against arbitration clause](https://nzdrc.co.nz/australian-hague-rules-party-to-shipping-dispute-rails-against-arbitration-clause/) - In Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG, [1] the High Court of Australia assessed whether engagement in arbitration in a foreign jurisdiction could contravene law designed to protect cargo owners. The decision is an illustration of the stability of arbitration as a method of dispute resolution.
- [Trust in mediation](https://nzdrc.co.nz/trust-in-mediation/) - Under New Zealand’s new trust legislation, parties to certain trust disputes can be ordered to participate in alternative dispute resolution (ADR), such as mediation and arbitration. We now have several High Court decisions demonstrating the Court’s strong support for the advantages of mediation and providing guidance on the factors the Court will take into account in exercising this discretion. We also have the Court’s first decision ordering parties to refer their trust dispute to arbitration.
- [The treasure of the San José](https://nzdrc.co.nz/the-treasure-of-the-san-jose/) - An investor-State arbitration is currently underway between the Republic of Colombia and a US company over a 300-year-old shipwreck containing treasure estimated at $20 billion – the most valuable sunken treasure in history. The company claims Colombia has unlawfully expropriated its rights to the treasure, in breach of a US-Colombia investment treaty, and seeks nearly $10 billion in damages.
- [The Alternative Dispute Resolution Centre (ADR Centre) launches its dedicated website](https://nzdrc.co.nz/the-alternative-dispute-resolution-centre-adr-centre-launches-its-dedicated-website/) - This follows the opening of the physical ADR Centre in August 202 as a hub for dispute resolution services.
- [Arbitrator Breached Duty to Act Fairly by Seeking an Opinion From a Third Party and Conducting his Own Research](https://nzdrc.co.nz/arbitrator-breached-duty-to-act-fairly-by-seeking-an-opinion-from-a-third-party-and-conducting-his-own-research/) - The Commercial Court has remitted an award to the arbitrator for reconsideration on the basis of serious irregularity after the arbitrator sought the opinion of a third party and conducted his own research without notifying the parties.
- [Managing Conflict](https://nzdrc.co.nz/conflict-management-gloria-masters/) - It is essential for all good leaders to know how to manage conflict. The common issue I see is, people ignoring it in the hope it will resolve itself and eventually go away. This has the opposite effect, and just makes it worse. So why does this happen so often? Why are we afraid to face into the conflict and manage it?
- [Arbitration and Mediation of Disputes Involving Trusts Get the Green Light in New Zealand](https://nzdrc.co.nz/arbitration-and-mediation-of-disputes-involving-trusts-get-the-green-light-in-new-zealand/) - In a watershed moment on Wednesday of this week, the New Zealand Parliament passed the Trusts Bill which contains unique and important provisions that expressly provide for arbitration and mediation of internal and external disputes involving trusts, including for court ordered arbitration or mediation for internal matters but with some added protections.
- [Arbitration Act: Proposed amendments](https://nzdrc.co.nz/arbitration-act-proposed-amendments/) - On 9 March 2017, the Arbitration Amendment Bill (the Bill) was introduced to Parliament. The purpose of the bill is to amend the Arbitration Act 1996 (the Act) to: ensure arbitration clauses in trust deeds are given effect; extend the presumption of confidentiality in arbitration to a rebuttable presumption of confidentiality in related court proceedings under the Act; clearly define the grounds for setting aside an arbitral award and bring New Zealand’s approach into line with foreign arbitration legislation; and confirm the consequence of failing to raise a timely objection to an arbitral tribunal’s jurisdiction.
- [Commercial landlord and tenant disputes: Three reasons why arbitration is so popular](https://nzdrc.co.nz/commercial-landlord-and-tenant-disputes-three-reasons-why-arbitration-is-so-popular/) - During the course of a commercial tenancy, disputes often arise between landlords and tenants in relation to the parties’ obligations under the lease to maintain and repair premises, fixtures and fittings.
- [Avoiding conflict and improving dispute resolution for IT projects](https://nzdrc.co.nz/avoiding-conflict-and-improving-dispute-resolution-for-it-projects/) - The commercial design, build, and delivery of software systems is about 50 years old. In contrast, the design, build, and delivery of physical buildings is about 4000 years old, with one of the oldest recognised buildings being the Pyramid of Djoser in Egypt, which was designed and built in 2700BC.
- [Ten years in a leaky boat: Lucky just to keep afloat](https://nzdrc.co.nz/ten-years-in-a-leaky-boat-lucky-just-to-keep-afloat/) - In 1982 Split Enz released its now famous single Six Months in a Leaky Boat being a reference to the time it took pioneers to sail to New Zealand (it had nothing at all to do with being an attack on Britain’s invasion of the Falkland Islands which caused the BBC to discourage airplay of the song in Britain during the Falklands War – it was recorded in January 1982, months before the Falklands invasion). It has also been suggested that the lyrics are a metaphor for a relationship that could not be, the need to put our differences behind us and that there is a world to explore after ’the ship-wreck’, and to keep on trying where there’s wind in our sails. Neil Finn’s lyrics and the sentiment embodied in the song provide a strikingly apposite segue into the relationship property story that follows.
- [Farm Debt Mediation Bill passed into law](https://nzdrc.co.nz/farm-debt-mediation-bill-passed-into-law/) - Learn about the Farm Debt Mediation Bill. Understand the new mediation requirements for creditors and farmers to resolve farm debt disputes fairly.
- [Rent relief in the COVID-19 lockdown](https://nzdrc.co.nz/rent-relief-in-the-covid-19-lockdown/) - NZDRC provides fast, low cost, fixed fee arbitration and mediation services for commerial rent/lease disputes during the COVID-19 lockdown. Contact us today
- [Arbitrators, independence and impartiality - important guidance from the UK Supreme Court](https://nzdrc.co.nz/halliburton-v-chubb/) - Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48
- [The Trusts Act 2019: What you need to know](https://nzdrc.co.nz/changes-to-the-trusts-act-2019/) - Although exact numbers are unknown, it is estimated there are hundreds of thousands of trusts in New Zealand. The new Trusts Act 2019 came into force on 30 January 2021. It brings a number of significant changes to trust law and is the first major reform in 70 years. The new Act applies to existing and future family trusts, trading trusts and trusts created under wills.
- [Alternative Dispute Resolution under the Trusts Act 2019 - missing in action?](https://nzdrc.co.nz/alternative-dispute-resolution-under-the-trusts-act-2019-missing-in-action/) - The new Trusts Act 2019 (Act) came into force on 30 January 2021. It brings a number of significant changes to trust law and is the first major reform in 70 years. The Act applies to existing and future family trusts, trading trusts and trusts created under wills.
- [It pays to check: US$54 million error a “simple” mistake](https://nzdrc.co.nz/it-pays-to-check-us54-million-error-a-simple-mistake/) - A London Court of International Arbitration (LCIA) panel added a sum instead of subtracting it when calculating the value of shares in assessing damages in a Russian commercial dispute.
- [Limits to appeals of arbitral awards](https://nzdrc.co.nz/limits-to-appeals-of-arbitral-awards/) - Successful appeals against arbitration awards are uncommon. We discuss how the finality of arbitration remains important in a commercial context.
- [Equitable compensation allowed for breach of arbitration clause by a third party](https://nzdrc.co.nz/equitable-compensation-allowed-for-breach-of-arbitration-clause-by-a-third-party/) - A recent English High Court decision has clarified the obligations of third parties who derive rights and benefits under a contract. We discuss the significance of this decision.
- [What are the cost implications of challenging an arbitral award through the courts?](https://nzdrc.co.nz/what-are-the-cost-implications-of-challenging-an-arbitral-award-through-the-courts/) - A recent decision of the Singapore High Court highlighted the opposite principles in place between Singapore and Hong Kong when a losing party challenges the arbitrator’s award through the court system and fails.
- [The Trusts Act 2019: keeping it in the family](https://nzdrc.co.nz/the-trusts-act-2019/) - No-one likes to have their dirty laundry aired in public. Sadly, it has been all too common for parties in family trust and estate disputes.
- [Unfair terms in consumer contracts – important changes to the Fair Trading Act 1986](https://nzdrc.co.nz/unfair-terms-in-consumer-contracts-important-changes-to-the-fair-trading-act-1986/) - A survey of small businesses found that 45 per cent of participants considered that they had been offered unfair contract terms in the last year, and 47 per cent considered that they had otherwise been treated unfairly.
- [Pandemics, lockdowns and contracts – can overseas courts give us any insight?](https://nzdrc.co.nz/pandemics-lockdowns-and-contracts-can-overseas-courts-give-us-any-insight/) - With the latest Level 4 lockdown, it’s a good time for us to review what we know about pandemics, lockdowns, and contracts.
- [Court sees through layers of lipstick and linguistic camouflage in audacious application to set aside arbitral award](https://nzdrc.co.nz/court-sees-through-layers-of-lipstick-and-linguistic-camouflage-in-audacious-application-to-set-aside-arbitral-award/) - In 2020, a private arbitration was conducted between the plaintiff, Venetian Nominees Pty Ltd (Venetian), and the defendant, Weatherford Australia Pty Ltd (Weatherford).
- [UK Supreme Court returns to orthodox liquidated damages approach](https://nzdrc.co.nz/uk-supreme-court-returns-to-orthodox-liquidated-damages-approach/) - The UK Supreme Court in its recent judgment in Triple Point Technology v PTT Public Company has brought welcome clarity in relation to the drafting and interpretation of liquidated damages clauses in construction, commercial and technology contracts.
- [Resolving cross lease disputes](https://nzdrc.co.nz/resolving-cross-lease-disputes/) - Going through another COVID-19 lockdown can be challenging, and disputes with neighbours may crystallise with people spending more time at home. Cross leases have been used for many years for shared land ownership, giving rights and imposing obligations on cross lease owners but problems can arise where cross lease neighbours don’t agree.
- [Leaky Home Case: Failure to obtain a building report results in reduction of damages for contributory negligence](https://nzdrc.co.nz/leaky-home-case-failure-to-obtain-a-building-report-results-in-reduction-of-damages-for-contributory-negligence/) - Apportionment for contributory negligence allows a court to share the responsibility between parties in circumstances where the test for causation and remoteness of damage justifies it. Reduction of damages for contributory negligence...
- [No access clause implied in commercial leases](https://nzdrc.co.nz/no-access-clause-implied-in-commercial-leases/) - On 28 October 2021, the Government amended the Property Law Act to imply a ‘no access in an emergency clause’ into commercial leases which do not already provide for adjusted rent payment terms during an epidemic emergency.
- [English High Court confirms that parties are not permitted to raise a counterclaim at enforcement stage of a New York Convention award](https://nzdrc.co.nz/english-high-court-confirms-that-parties-are-not-permitted-to-raise-new-counterclaims-at-enforcement-stage-of-a-new-york-convention-award/) - The Court held that it had no jurisdiction to permit a counterclaim at the enforcement stage of a New York Convention award.
- [Clause and effect: the importance of well-drafted model clauses](https://nzdrc.co.nz/clause-and-effect-the-importance-of-well-drafted-model-clauses/) - Parties may not always consider the importance of well-drafted model clauses in contracts and the impact this can have.
- [Wilful Breaches of Contract – Do Exclusion Clauses and Liability Caps Still Work?](https://nzdrc.co.nz/wilful-breaches-of-contract-do-exclusion-clauses-and-liability-caps-still-work/) - Can deliberate or wilful contract breaches still benefit from clauses that limit or exclude liability?
- [New Zealand still rated as global leader for public sector transparency, honesty and integrity](https://nzdrc.co.nz/new-zealand-still-rated-as-global-leader-for-public-sector-transparency-honesty-and-integrity/) - New Zealand has retained its transparency number one ranking as having one of the least corrupt public sectors in the world.
- [Court thwarts bad faith attempt to lift veil of confidentiality of international arbitration award](https://nzdrc.co.nz/court-thwarts-bad-faith-attempt-to-lift-veil-of-confidentiality-of-international-arbitration-award/) - The confidentiality of international arbitration proceedings is important. In EBJ21 v EBO21, the Federal Court of Australia refused to
- [Different dispute resolution clauses in related contracts. Which one prevails?](https://nzdrc.co.nz/different-dispute-resolution-clauses-in-related-contracts-which-one-prevails/) - If you have a number of related contracts between different parties and they have different dispute resolution clauses, which one do you use?
- [Sign of the times: enforcing an arbitration agreement exchanged by electronic counterparts](https://nzdrc.co.nz/sign-of-the-times-enforcing-an-arbitration-agreement-exchanged-by-electronic-counterparts/) - Our mindset about what original agreements are might need to change. Electronic arbitration agreement format is not a barrier to enforcement.
- [All dressed up but nowhere to go: Recognition but no enforcement of ICSID awards](https://nzdrc.co.nz/all-dressed-up-but-nowhere-to-go-recognition-but-no-enforcement-of-icsid-awards/) - Two recent cases involve investor-State arbitrations and issues of State immunity and interpretation of the ICSID Convention. The ICSID awards...
- [<i>Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Ltd</i> [2022] ONSC 1679](https://nzdrc.co.nz/husky-food-importers-distributors-ltd-v-jh-whittaker-sons-ltd-2022-onsc-1679/) - Whittaker & Sons chocolate incorporated an arbitration clause in its distribution agreement with a Canadian company selecting arbitration by NZIAC
- [Lifestyles of the rich and famous: Polo clubs and (non) party parties](https://nzdrc.co.nz/lifestyles-of-the-rich-and-famous-polo-clubs-and-non-party-parties/) - A company that acquired the Beverly Hills Polo Club trademark was found by the English Court of Appeal to be bound by an arbitration clause..
- [The importance of certainty in international arbitration agreements](https://nzdrc.co.nz/the-importance-of-certainty-in-international-arbitration-agreements/) - Arbitration agreements, consequences of not properly defining both your prevailing law and jurisdiction in your agreement
- [The nuts and bolts of appealing an arbitral award when you need the court’s leave](https://nzdrc.co.nz/the-nuts-and-bolts-of-appealing-an-arbitral-award-when-you-need-the-courts-leave/) - What is involved when you want to appeal an arbitral award but need leave from the High Court to get a foot in the door?
- [An adjudicator’s decision on a construction contract is definitely worth the paper it’s written on!](https://nzdrc.co.nz/an-adjudicators-decision-on-a-construction-contract-is-definitely-worth-the-paper-its-written-on/) - It’s only in rare circumstances that the courts will interfere with the decision of an adjudicator on a construction contract.
- [Expert “evidence” needs to be more than just bald assertions to win the day](https://nzdrc.co.nz/expert-evidence-needs-to-be-more-than-just-bald-assertions-to-win-the-day/) - A recent decision which considered conflicting expert evidence on water ingress issues in a newly built property highlighted the importance of having sufficient and specific expert evidence to support the denial of a claim.
- [NZ High Court orders former spouses to ADR](https://nzdrc.co.nz/nz-high-court-orders-former-spouses-to-adr/) - In the first case of its kind the High Court in New Zealand has ordered parties to mediate in the first case in Wright v Pitfield setting the scene for a potential future expanded use of ADR in disputes.
- [When can an arbitrator voluntarily resign and what are the implications for the arbitration?](https://nzdrc.co.nz/when-can-an-arbitrator-voluntarily-resign-and-what-are-the-implications-for-the-arbitration/) - Circumstances can arise when an arbitrator in a domestic arbitration needs to voluntarily resign their appointment. But what is the status of the arbitration if this occurs?
- [Council wins in battle with contractor](https://nzdrc.co.nz/council-wins-in-battle-with-contractor/) - We discusses a recent English case involving concurrent delay, where a contractor was unsuccessful in its claim for wrongful termination, even though the court agreed they were entitled to an extension of time.
- [The Court of Appeal sounds the all clear and it’s business as usual under the CCA: so file a payment schedule or pay up!](https://nzdrc.co.nz/the-court-of-appeal-sounds-the-all-clear-and-its-business-as-usual-under-the-cca-so-file-a-payment-schedule-or-pay-up/) - We discuss the Court of Appeal’s decision to restore order to NZ's payment claims regime by reconfirming that a party must issue a valid payment schedule if it wants to be able to challenge a payment claim.
- [Gas dispute to be aired in arbitration](https://nzdrc.co.nz/gas-dispute-to-be-aired-in-arbitration/) - The Western Australia Supreme Court upholds arbitration and stays the court proceedings in this gas supply dispute. Interlocutory relief was denied. Arbitration green-lighted.
- [Where do directors’ duties lie once insolvency looms?](https://nzdrc.co.nz/where-do-directors-duties-lie-once-insolvency-looms/) - When a company gets into insolvency, do the directors have a duty to protect the interests of its creditors?
- [Is a party required to accept non-contractual performance during a force majeure event?](https://nzdrc.co.nz/is-a-party-required-to-accept-non-contractual-performance-during-a-force-majeure-event/) - The English Court of Appeal has found that a party acted unreasonably by refusing an offer of non-contractual performance during a force majeure event.
- [Parliament passes sweeping amendments to construction payment regime](https://nzdrc.co.nz/parliament-passes-sweeping-amendments-to-construction-payment-regime/) - Parliament has recently enacted legislation allowing for comprehensive changes to the Construction Contracts Act 2002. The Construction Contracts (Retention Money) Amendment Act 2023 passed its third reading on Wednesday 29 March and received Royal assent on April 5. The legislation concerns the use and protection of retention money held by head contractors. It intends to strengthen current requirements for the purpose of giving subcontractors added security.
- [Supreme Court of New South Wales finds force majeure clause offered no protection for loss and damage to goods in transit](https://nzdrc.co.nz/supreme-court-of-new-south-wales-finds-force-majeure-clause-offered-no-protection-for-loss-and-damage-to-goods-in-transit/) - We discuss an Australian case on the interpretation of a force majeure clause, where a goods carrier was found liable for loss and damage caused by an extreme weather event.
- [Subject matter arbitrability: Singaporean seat](https://nzdrc.co.nz/subject-matter-arbitrability-singaporean-seat/) - Singapore Court creates new composite approach to arbitrability: focusing on the public policy concerns of the seat and jurisdiction of the choice of law
- [Marco Polo’s arbitration odyssey: When can the courts play the guessing game?](https://nzdrc.co.nz/marco-polos-arbitration-odyssey-when-can-the-courts-play-the-guessing-game/) - Two recent decisions, one in Singapore and one in Hong Kong, have demonstrated the various ways courts may respond to situations where parties to an arbitration agreement have incorrectly named the arbitration centre.
- [An Orthodox operation of religious arbitration](https://nzdrc.co.nz/an-orthodox-operation-of-religious-arbitration/) - Australian Court enforces religious arbitration award in secular system.
- [Arbitrator’s exercise of phantom jurisdiction](https://nzdrc.co.nz/arbitrators-exercise-of-phantom-jurisdiction/) - The Hong Kong Court of First Instance ruled that a pre-emptive arbitration should be set aside as there was no dispute between the immediate parties to the arbitration and the award was beyond the arbitrator’s jurisdiction.
- [The State immunity siesta: Australia’s top court renews Spain’s understanding of ICSID](https://nzdrc.co.nz/the-state-immunity-siesta-australias-top-court-renews-spains-understanding-of-icsid/) - In a recent case the High Court of Australia analysed the extent to which state immunity existed under the ICSID convention.
- [Federal Court of Australia Enforces Foreign Arbitral Award of $40 Million](https://nzdrc.co.nz/federal-court-of-australia-enforces-foreign-arbitral-award-of-40-million/) - The Federal Court of Australia has enforced a foreign arbitral award of $40 million against an Australian resident, finding it is not...
- [Singapore High Court compels party to arbitration to engage in mediation](https://nzdrc.co.nz/singapore-high-court-compels-party-to-arbitration-to-engage-in-mediation/) - In the first case of its kind in Singapore, the High Court has ordered parties to mediate before starting legal action, noting the emerging importance of amicable dispute resolution
- [Enforcement and recognition of foreign awards made in international arbitrations: as easy as one, two, three…](https://nzdrc.co.nz/enforcement-and-recognition-of-foreign-awards-made-in-international-arbitrations-as-easy-as-one-two-three/) - 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
- [Court orders parties back to arbitration](https://nzdrc.co.nz/court-orders-parties-back-to-arbitration/) - Hong Kong Court orders parties back to arbitration in light of issue estoppel and arbitration agreement
- [Let me hear your body talk: Hong Kong Court refuses to set aside arbitral award over claim lawyer couldn’t read witness’ body language in virtual hearing ](https://nzdrc.co.nz/let-me-hear-your-body-talk-hong-kong-court-refuses-to-set-aside-arbitral-award-over-claim-lawyer-couldnt-read-witnesss-body-language-in-virtual-hearing/) - In Sky Power Construction Engineering Limited v Iraero Airlines JSC [2023] HKCFI 1558, the losing party in an arbitration unsuccessfully applied to set aside the award on the basis that the virtual hearing had prevented it from adequately examining witnesses and presenting its case. The Hong Kong Court of First Instance found ‘no merit’ to this, and held that an in-person hearing would not have resulted in a different outcome. The decision highlights the Hong Kong courts’ acceptance of virtual proceedings as the new normal in a post-pandemic world.
- [Southern Summary Judgment Stoush](https://nzdrc.co.nz/southern-summary-judgment-stoush/) - A developer and contractor battle in court in summary judgment proceedings after an adjudication.
- [LinkedIn Lips Sink Ships: Singapore Court of Appeal finds India had already posted into the public domain](https://nzdrc.co.nz/linkedin-lips-sink-ships-singapore-court-of-appeal-finds-india-had-already-posted-into-the-public-domain/) - In a recent decision, the Singapore Court of Appeal helps clarify the circumstances where the amended privacy provisions of Singapore’s International Arbitration Act...
- [Leave for second appeal declined in lease dispute arbitration](https://nzdrc.co.nz/leave-for-second-appeal-declined-in-lease-dispute-arbitration/) - The Court of Appeal has declined to hear an appeal about a lease dispute arbitration property damaged in the Christchurch earthquake
- [Serious irregularity standard in arbitration](https://nzdrc.co.nz/serious-irregularity-standard-in-arbitration/) - In a dispute over pharmaceutical patents, the English Court of Appeal has confirmed the high standard for challenging an arbitral award based on serious irregularity..”
- [Harman obligation released for documents from mining arbitration](https://nzdrc.co.nz/harman-obligation-released-for-documents-from-mining-arbitration/) - In a Western Australian case involving a mining magnate’s family, the confidentiality obligation over arbitration documents obtained in discovery was conditionally released.
- [Going for gold – Latest ruling from English Court of Appeal in tug of war over Venezuelan gold reserves](https://nzdrc.co.nz/going-for-gold-latest-ruling-from-english-court-of-appeal-in-tug-of-war-over-venezuelan-gold-reserves/) - Holland discusses the English Court of Appeal’s latest decision in relation to two legal disputes over who should have control of Venezuela’s overseas gold reserves in light of its continuing presidential crisis.
- [Dipping its 'cryptoes' in the water: poor litigation strategy ruins a valid arbitration agreement](https://nzdrc.co.nz/dipping-its-cryptoes-in-the-water-poor-litigation-strategy-ruins-a-valid-arbitration-agreement/) - In Beltran, Julian Moreno and another v Terraform Labs Pte Ltd and others,[1] the Singapore High Court dismissed a cryptocurrency exchange’s application to have a dispute resolved by arbitration. As Terraform Labs Pte Ltd (Terraform) found the hard way, a party can succeed in showing a valid arbitration agreement but fail because of its litigation strategy. The decision not only demonstrates the dos and don’ts of an arbitration strategy but provides key analysis on the intricacies of agreements in the crypto world.
- [It’s up to the parties to frame the claim: court of appeal overturns decision where judge became “third man” to the proceedings](https://nzdrc.co.nz/its-up-to-the-parties-to-frame-the-claim-court-of-appeal-overturns-decision-where-judge-became-third-man-to-the-proceedings/) - The Court of Appeal of England and Wales overturned a High Court decision where the Judge held a warranty had been breached on a basis which differed substantially from how the claim had been notified, pleaded and argued.
- [What are the implications of becoming a contracting state to the New York convention?](https://nzdrc.co.nz/what-are-the-implications-of-becoming-a-contracting-state-to-the-new-york-convention/) - Background Investors from Mauritius had commenced arbitration proceedings against the Indian state for alleged expropriation without compensation for those investments. The investors brought the proceedings under the bilateral investment treaty (BIT) signed between India and Mauritius in 1998. The BIT granted certain rights for investors as well as mechanisms for dispute resolution. The arbitral tribunal rendered an award
- [Failing to engage in ADR could leave you tied up in knots](https://nzdrc.co.nz/failing-to-engage-in-adr-could-leave-you-tied-up-in-knots/) - A seismic shift to the English legal system has been handed down by the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, in which the Court held that the lower County Court was wrong to decide that it did not have the powers to order the parties to engage in non-court-based dispute resolution.
- [Labelling correspondence "without prejudice" will not always grant the user protection](https://nzdrc.co.nz/labelling-correspondence-without-prejudice-will-not-always-grant-the-user-protection/) - When is correspondence labelled “without prejudice” truly to be treated as such? The High Court of England and Wales has looked at this issue when deciding costs at the end of a claim. The Court set out guidance for when a party can successfully rely on the privilege that is intended by the term.
- [ReSolution Wrap-Up - the latest in Asia-Pacific regional agreements](https://nzdrc.co.nz/resolution-wrap-up-the-latest-in-asia-pacific-regional-agreements/) - RCEP is growing and more countries are signing up to the Singapore Convention - Alex and Alice track some recent changes to international agreements concerning the Asia-Pacific region.
- [CEO secrets: English High Court grants stay for arbitration in £45 million conflict of interest proceedings](https://nzdrc.co.nz/ceo-secrets-english-high-court-grants-stay-for-arbitration-in-45-million-conflict-of-interest-proceedings/) - In NTT Limited & Others v Goodall1 the High Court granted a case management stay of proceedings in favour of arbitration, even though the arbitration involved only some of the parties. The Court provided practical guidance on the correct test to be applied in refusing or granting a stay, particularly in multi-party proceedings.
- [Sense and violence: English courts reject offshore construction contractor’s $25 million indemnity insurance claim because its interpretation of the policy made no commercial sense and did violence to the language](https://nzdrc.co.nz/sense-and-violence-english-courts-reject-offshore-construction-contractors-25-million-indemnity-insurance-claim-because-its-interpretation-of-the-policy-made-no-commercial-sense-and-did-vio/) - In Technip v MedGulf, the English High Court and Court of Appeal dismissed a construction contractor’s $25 million (USD) indemnity insurance claim for damage it caused when it crashed into the project developer’s property during construction works in an offshore oil field. Both courts preferred the insurer’s interpretation of the policy’s ambiguously worded exclusion clause, finding the policyholder’s interpretation made no commercial sense and did far more violence to the natural meaning of the words.
- [HAL in hot water: Tetchy comments and refusal to attend arbitration boils over in lease dispute](https://nzdrc.co.nz/hal-in-hot-water-tetchy-comments-and-refusal-to-attend-arbitration-boils-over-in-lease-dispute/) - Yi Ming Investment Ltd (YMIL) terminated the lease of Hamilton Accommodation Ltd (HAL) due to alleged contractual breaches at the Ascot Motor Lodge in Hamilton, in the High Court case of Hamilton Accommodation Limited v Yi Ming Investment Limited [2024] NZHC 1619. These breaches included unauthorised alterations to the manager’s unit and using the premises for emergency housing without permission. Once the dispute arose HAL refused to engage in arbitration and the matter ended up in the High Court, with the Court handing down a scathing verdict on HAL’s conduct.
- [Court found arbitrator’s jurisdiction could not be resuscitated after delivery of final award even when award was conditional – that parrot is no more!](https://nzdrc.co.nz/court-found-arbitrators-jurisdiction-could-not-be-resuscitated-after-delivery-of-final-award-even-when-award-was-conditional-that-parrot-is-no-more/) - The Singapore Court of Appeal found an arbitrator’s jurisdiction had come to an end and there was no implied reservation of jurisdiction in the conditional award which he had issued. In its judgment, the Court stepped through the “tells” of a final arbitral award and how an arbitrator may reserve their jurisdiction.
- [NZDRC Commercial Lease Scheme on the News](https://nzdrc.co.nz/nzdrc-commercial-lease-scheme-on-the-news/) - Discover NZDRC's low-cost arbitration and mediation services for COVID-19 commercial lease disputes, as featured on NBR News. Read more.
- [COVID-19 Commercial Lease Disputes: Free Arbitration and Mediation available now](https://nzdrc.co.nz/covid-19-commercial-lease-disputes-free-arbitration-and-mediation-available-now/) - Update 1 July 2021: Please note that the Government funded scheme has now come to an end but you can still access NZDRC’s low cost fixed fee scheme. Many commercial tenants found their leases were inadequate to deal with the consequences of the COVID-19 restrictions. In a welcome step, the Government has established a scheme allowing
- [Fair Trading Amendment Bill receives Royal Assent](https://nzdrc.co.nz/fair-trading-amendment-bill-receives-royal-assent/) - As we noted in our 12 August 2021 alert on amendments to the Fair Trading Act introduced by the Fair Trading Amendment Bill, significant changes are made on the application of the unfair contract terms regime to business to business or small trade contracts. The Bill received Royal Assent on 16 August 2021 and is
- [NZDRC to administer the .nz Dispute Resolution Scheme on behalf of the Domain Name Commission.](https://nzdrc.co.nz/nzdrc-to-administer-the-nz-dispute-resolution-scheme-on-behalf-of-the-domain-name-commission/) - The New Zealand Dispute Resolution Centre (NZDRC) is proud to announce that it has been selected by the Domain Name Commission to administer the .nz Dispute Resolution Scheme on its behalf. This change is effective today, 1 October 2024. This new role underscores the NZDRC’s commitment to providing reliable and effective dispute resolution services. “We
- [Hong Kong Court of First Instance weighs up status of interim injunction. Was it an award?](https://nzdrc.co.nz/hong-kong-court-of-first-instance-weighs-up-status-of-interim-injunction-was-it-an-award/) - In W v Contractor [2024] HKCFI 1452, an employer in a construction contract sought to appeal a decision made in arbitration regarding a call on a bond. In that decision, the arbitrator had made an interim injunction preventing the employer from calling on a bond for payment. The appeal rested on whether an interim injunction
- [Eternity Sky Investments v Zhang: would-be consumer’s appeal on public policy matter backfires](https://nzdrc.co.nz/eternity-sky-investments-v-zhang-would-be-consumers-appeal-on-public-policy-matter-backfires/) - In a previous article, we covered Eternity Sky Investments Ltd v Zhang [2023] EWHC 1964 (Comm) Ms Zhang applied to the English High Court to set aside a Hong Kong arbitral award on the basis that she was protected by the Consumer Rights Act 2015 (the Act). Central to Ms Zhang’s argument was that the
- [The parties began by playing cricket but then switched to baseball: English Court of Appeal decides whether reinsurance dispute should be heard in London or New York.](https://nzdrc.co.nz/ithe-parties-began-by-playing-cricket-but-then-switched-to-baseball-i-english-court-of-appeal-decides-whether-reinsurance-dispute-should-be-heard-in-london-or-new-york/) - In Tyson International Company Ltd v Partner Reinsurance Europe SE [2024] EWCA Civ 363, parties to a reinsurance contract (a Market Reform Contact – MRC) and a subsequent agreement (a Market Uniform Reinsurance Agreement – MURA) fell into disagreement over whether Partner Reinsurance had provided cover to Tyson International. Making matters worse, the parties could
- [“Anchored to the contract” – UK Supreme Court concludes the MUR Shipping saga on force majeure and reasonable endeavours](https://nzdrc.co.nz/anchored-to-the-contract-uk-supreme-court-concludes-the-mur-shipping-saga-on-force-majeure-and-reasonable-endeavours/) - The UK Supreme Court has overturned the judgment of the Court of Appeal in MUR Shipping, and held that a reasonable endeavours proviso in a force majeure clause does not require a party to accept an offer of non-contractual performance. In a unanimous decision, the Supreme Court focused on the importance of commercial certainty and that what is required by reasonable endeavours must be anchored to the contract.
- [Introducing our refreshed website: A new experience awaits!](https://nzdrc.co.nz/introducing-our-refreshed-website-a-new-experience-awaits/) - We are thrilled to announce the launch of our newly refreshed website. After months of hard work and dedication, we are delighted to officially announce its arrival. Our primary goal during this redesign process was to create a more valuable, user-centric and responsive resource across all platforms and devices. Specifically, we wanted to focus on
- [Changes on the way for commercial lease Covid-19 rent disputes](https://nzdrc.co.nz/changes-on-the-way-for-commercial-lease-covid-19-rent-disputes/) - Learn about upcoming changes for commercial lease COVID-19 rent disputes. Understand the new law requiring fair rent proportions during lockdowns.

## Pages

- [Home](https://nzdrc.co.nz/) - Discover NZDRC's wide range of dispute resolution services. Learn about our expert solutions for effective and efficient outcomes. Contact us now.
- [DNC Scheme Rules](https://nzdrc.co.nz/dnc-scheme-rules/) - Table of contents Download PDF Copy Search for: .nz Dispute Resolution Scheme Rules PART 1: PRELIMINARY PROVISIONS 1.0 Purpose and Scope 1.1 These are the Scheme Rules of the .nz Dispute Resolution Scheme established under the .nz Rules. 1.2 These Scheme Rules are in force from the date of DNC’s Notice of Decision under the
- [Grocery Industry Dispute Resolution Scheme](https://nzdrc.co.nz/expertise/grocery-industry-dispute-resolution-scheme/) - Grocery Industry Dispute Resolution Scheme This scheme is designed to quickly and fairly resolve disputes about the supply of groceries. Suppliers to and Wholesale Customers of Regulated Grocery Retailers (the RGRs) can refer disputes about the supply of groceries to the scheme, which is funded by the RGRs. The scheme is an out-of-court process that
- [Expertise](https://nzdrc.co.nz/expertise/) - Explore NZDRC's professional dispute resolution services. From commercial disputes to family and property issues, our expertise ensures effective outcomes.
- [Annual Reports](https://nzdrc.co.nz/expertise/grocery-industry-dispute-resolution-scheme/annual-reports/) - Annual Reports Annual Report FY26 Learn more Annual Report FY25 Learn more
- [Rent Review Arbitration Rules](https://nzdrc.co.nz/arbitration/rent-review-arbitration-rules/) - Table of contents Download PDF Copy Search for: Rent Review Arbitration Rules Foreword These rules are designed: for a private, confidential, low-cost, fixed-fee arbitration service for rent review disputes under commercial leases (the scheme); for a ‘documents-only’ arbitration; to result in an award within 35 working days from the notice of appointment of arbitrator; to
- [Apply for ad hoc Arbitration](https://nzdrc.co.nz/arbitration/apply-for-ad-hoc-arbitration/) - Apply for ad hoc arbitration with NZDRC. Tailored and flexible services with limited institutional oversight to ensure efficient dispute resolution.
- [ARB-MED FEES](https://nzdrc.co.nz/arb-med/arb-med-fees/) - Explore NZDRC's arb med fees for effective dispute resolution. Learn about our fee structure for combined arbitration and mediation services. Contact us.
- [MEDIATION FEES](https://nzdrc.co.nz/mediation/mediation-fees/) - Explore our mediation fees for various dispute values. Understand the costs, requirements, and cancellation policies for effective mediation services.
- [Arbitration Fees](https://nzdrc.co.nz/arbitration/arbitration-fees/) - Explore NZDRC's arbitration fees for ad hoc and institutional disputes. Access capped and fixed fee services for efficient, fair resolutions. Contact us.
- [Ad hoc arbitration fees](https://nzdrc.co.nz/arbitration/arbitration-fees/ad-hoc-arbitration-fees/) - NZDRC capped fee ad hoc arbitration delivers professional arbitration options for parties looking to resolve their dispute efficiently and effectively.
- [NZDRC Institutional Arbitration Fees](https://nzdrc.co.nz/arbitration/arbitration-fees/nzdrc-institutional-arbitration-fees/) - Explore NZDRC institutional arbitration fees. Get a detailed breakdown of costs and expenses for fair and efficient dispute resolution. Learn more today.
- [Grocery Dispute Resolution Scheme: Fees and Expenses](https://nzdrc.co.nz/expertise/grocery-industry-dispute-resolution-scheme/fees-and-expenses/) - Back to Scheme overview Fees and Expenses: Grocery Industry Dispute Resolution Scheme Learn more Start the process Page overview Dispute Resolution Costs Learn more Mediation Learn more Adjudication Learn more Low Value Claims Learn more General Claims Learn more Scheme Funding Costs For Regulated Grocery Retailers only. Learn more Dispute Resolution Costs Scheme Fees and
- [Arbitration Calculator](https://nzdrc.co.nz/arbitration-calculator/) - Try our arbitration calculator for accurate fee estimates. Simplify your arbitration process with our tool designed to provide clear cost projections.
- [Grocery Industry Dispute Resolution Scheme Rules](https://nzdrc.co.nz/expertise/grocery-industry-dispute-resolution-scheme/grocery-industry-dispute-resolution-scheme-rules/) - Table of contents Download PDF Copy Search for: Grocery Industry Dispute Resolution Scheme Rules Foreword Every Regulated Grocery Retailer must comply with the dispute resolution scheme (the Scheme) established under Schedule 2 of the Grocery Industry Competition Act 2023 (the Act). Disputes eligible for referral to the Scheme include those with a claimed amount not
- [DNC Expert Determination Panellists](https://nzdrc.co.nz/dnc-expert-determination-panellists/) - .nz Dispute Resolution Scheme Experts Andrew Brown KC Andrew Brown KC has been appointed the Chair of the Experts. His appointment is for a period of two years. Andrew Brown has had wide experience in handling trade mark disputes in all the New Zealand Courts, including the Supreme Court. He is a current WIPO panellist, was
- [Confidentiality Agreement for Non-Parties](https://nzdrc.co.nz/arbitration/arbitration-guides-and-resources/confidentiality-agreement-for-non-parties/) - Confidentiality Agreement for Non-Parties (Arbitration) I have read and understand that I am bound by Rules 38.2 – 38.7 of the NZDRC Arbitration Rules. I understand that by being involved in, or being privy to, NZDRC Arbitration, I am bound by these Rules. I understand that I am not to disclose any information obtained in
- [Coming soon](https://nzdrc.co.nz/coming-soon/) - The case study is being updated and will be re-posted soon.
- [Arbitration Survey Report 2025](https://nzdrc.co.nz/arbitration-survey-report-2025/) - Arbitration Survey Report The Second Aotearoa New Zealand Arbitration Survey Report is now available. Following the success of the Inaugural New Zealand Arbitration Survey, leading arbitral practitioners Royden Hindle and Anna Kirk and junior barrister Diana Qiu, in collaboration with the New Zealand Dispute Resolution Centre, have now compiled the results of the Second New
- [IBA GUIDELINES ON CONFLICTS OF INTEREST IN INTERNATIONAL ARBITRATION](https://nzdrc.co.nz/iba-guidelines-on-conflicts-of-interest-in-international-arbitration/) - Explore the IBA Guidelines on Conflicts of Interest in Int'l Arbitration. Understand how we apply these rules to ensure transparency in arbitration.
- [ARBITRATION ACT: PROPOSED AMENDMENTS](https://nzdrc.co.nz/arbitration/arbitration-guides-and-resources/arbitration-act-proposed-amendments/) - Learn about the proposed amendments to the Arbitration Act 1996. Understand changes in trust arbitration, confidentiality, and more. Contact us today.
- [IBA RULES ON THE TAKING OF EVIDENCE IN INTERNATIONAL ARBITRATION](https://nzdrc.co.nz/iba-rules-on-the-taking-of-evidence-in-international-arbitration/) - Learn about the IBA Rules on the Taking of Evidence in Int'l Arbitration, used by NZDRC to guide arbitration proceedings. Access this key resource now.
- [NZDRC ECA90 RULES](https://nzdrc.co.nz/arbitration/arbitration-rules/nzdrc-eca90-rules/) - Explore the NZDRC ECA90 Rules for arbitration. Access robust rules designed for fair, and cost-effective dispute resolution. Learn more at NZDRC.
- [Other Institutional Arbitration Fees](https://nzdrc.co.nz/arbitration/arbitration-fees/other-institutional-arbitration-fees/) - Explore arbitration fees for other institutional rules at NZDRC. Get detailed information on costs and expenses for efficient and fair dispute resolution.
- [Commercial Lease Rent Review Arbitration Scheme](https://nzdrc.co.nz/nzdrc-rent-review-arb/) - Commercial Lease Rent Review Arbitration Scheme Rent review disputes – fixed fee rent review arbitration Rent review disputes are common, especially in challenging economic times. However, they do not need to be protracted and acrimonious to the point where they damage the relationship between landlord and tenant. We recommend our quick, high-quality, fixed-fee arbitration service
- [Confirmation Page](https://nzdrc.co.nz/confirmation-page/) - Thank you! You should receive an email shortly in your mailbox. If it doesn’t arrive within a few minutes, please check your spam or junk folder.
- [Property Disputes](https://nzdrc.co.nz/expertise/property-disputes/) - Resolve property disputes efficiently with our services. Learn about our solutions for rent reviews, cross leases, and more. Contact us today.
- [Arbitration Agreement](https://nzdrc.co.nz/nzdrc-rent-review-arb/arbitration-agreement/) - Arbitration Agreement Rent Review Arbitration For Commercial Leases Agreement Dated this Day of (month) (year) Parties: Claimant AND Respondent Together, the Parties The Claimant and the Respondent are parties to a commercial lease dated or Entered into on or about (enter date): The parties: (a) have a dispute, difference or disagreement about the new rent
- [Claim Form](https://nzdrc.co.nz/nzdrc-rent-review-arb/claim-form/) - Apply for rent review arbitration Please use this arbitration claim form if you wish to apply for arbitration under the NZDRC Rent Review Arbitration Rules. Access Template Arbitration Agreement 1 2 3 4 5 6 Type of Dispute(Required) New rent New outgoings Both new rent and outgoings Number of parties involved:(Required) 234567891011121314151617181920 NZDRC Arbitration Agreement
- [Response Form](https://nzdrc.co.nz/response-form/) - Apply for arbitration response Please use this arbitration response form if you wish to respond to the arbitration claim under the NZDRC Rent Review Arbitration Rules. 1 2 3 RESPONDENT DETAILS Respondent Legal Name(Required) Respondent Contact First Name(Required) Respondent Contact Last Name(Required) Respondent Email Address for Service(Required) Respondent Phone Number(Required) Additional Email for Respondent Additional
- [Apply Now](https://nzdrc.co.nz/apply-now/) - Apply for NZDRC's dispute resolution services. Access our online application process for arbitration, mediation, adjudication, and more. Contact us now.
- [IP Disputes](https://nzdrc.co.nz/expertise/ip-disputes/) - Resolve intellectual property disputes efficiently with our services. Learn about our specialised solutions for protecting your IP rights. Contact us.
- [Valuation Disputes](https://nzdrc.co.nz/expertise/valuation-disputes/) - Valuation Disputes Private dispute resolution can be particularly beneficial for valuation disputes due to their often complex and specialised nature. Valuation disputes often involve a variety of stakeholders, including business owners, investors, and financial institutions. Private dispute resolution can offer a more efficient and less adversarial way to address these complex disputes. Moreover, valuation disputes
- [International Commercial Disputes](https://nzdrc.co.nz/expertise/international-commercial-disputes/) - Resolve international commercial disputes efficiently with our services. Learn about our tailored solutions for cross-border conflicts. Discover more.
- [Building and Construction Disputes](https://nzdrc.co.nz/expertise/building-and-construction-disputes/) - Resolve building and construction disputes with our expert arbitration and mediation services. Learn more today.
- [Trust Disputes](https://nzdrc.co.nz/expertise/trust-disputes/) - Resolve trust disputes efficiently with NZDRC's arbitration, mediation, and arb-med services. Learn about our expert solutions under the Trusts Act 2019.
- [IT Dispute Resolution](https://nzdrc.co.nz/expertise/it-dispute-resolution/) - Resolve IT disputes efficiently with our services. Explore arbitration, mediation, and expert determination solutions for your IT conflicts. Learn more.
- [Domain Name Commission Dispute Resolution Scheme](https://nzdrc.co.nz/dnc-dispute-resolution-scheme/) - .nz Dispute Resolution Scheme This scheme applies to the .nz domain name space. A domain name acts as your address or 'post box' on the internet either for a website or for email. Sometimes, parties disagree about who has the rights to a .nz domain name or associated domains added to an existing .nz domain
- [EARLY NEUTRAL EVALUATION GUIDES AND RESOURCES](https://nzdrc.co.nz/early-neutral-evaluation/early-neutral-evaluation-guides-and-resources/) - Access NZDRC's early neutral evaluation guide and resources. Find templates, and detailed information to navigate the evaluation process efficiently.
- [MEDIATION GUIDES AND RESOURCES](https://nzdrc.co.nz/mediation/mediation-guides-and-resources/) - Access NZDRC's mediation guide and resources. Find templates, precedents, and detailed information to navigate the mediation process effectively.
- [Arb-Med](https://nzdrc.co.nz/arb-med/) - Explore NZDRC's arb med services for dispute resolution. Learn how our structured process combines arbitration and mediation for fast, fair outcomes.
- [COVID-19: Commercial Lease Disputes](https://nzdrc.co.nz/covid-19-commercial-lease-disputes/) - Resolve COVID-19 commercial lease disputes with our arbitration and mediation services. Affordable solutions for rent and outgoing payment issues.
- [Apply for Institutional Arbitration](https://nzdrc.co.nz/arbitration/apply-for-nzdrc-arbitration/) - Apply for NZDRC arbitration for efficient, fair dispute resolution. Our streamlined process ensures comprehensive support from initiation to resolution.
- [Early Neutral Evaluation](https://nzdrc.co.nz/early-neutral-evaluation/) - Discover NZDRC's early neutral evaluation services for resolving disputes. Learn how our experts provide preliminary assessments. Contact us now.
- [Expert Determination](https://nzdrc.co.nz/expert-determination/) - Explore NZDRC's expert determination services for resolving technical disputes. Our expert determination process is quick, informal, and cost-effective.
- [Adjudication](https://nzdrc.co.nz/adjudication/) - Resolve disputes efficiently with NZDRC's adjudication services. Learn about our structured, cost-effective adjudication process for fair outcomes.
- [Arbitration](https://nzdrc.co.nz/arbitration/) - Discover NZDRC's arbitration services for dispute resolution. Learn about our structured, cost-effective process designed for fair and timely outcomes.
- [Mediation](https://nzdrc.co.nz/mediation/) - Discover NZDRC's mediation services for dispute resolution. Learn about our structured process, benefits, and how mediation can help resolve conflicts.
- [Thank you for your response](https://nzdrc.co.nz/thank-you-for-your-response/) - Thank you Thank you for submitting the arbitration response under the NZDRC Rent Review Arbitration Scheme. We will be in touch with you shortly.
- [Terms and Conditions](https://nzdrc.co.nz/terms-and-conditions/) - Review NZDRC's terms and conditions for services. Understand the guidelines, dispute resolution processes and fees when using our services. Contact us now.
- [Contact Us](https://nzdrc.co.nz/contact-us/) - Get in touch with NZDRC for professional dispute resolution services. Submit your enquiry online or contact us via phone or email for prompt assistance.
- [Thank you for applying for arbitration](https://nzdrc.co.nz/nzdrc-rent-review-arb/claim-form/thank-you-for-applying-for-arbitration/) - Thank You Thank you for applying for arbitration under the NZDRC Rent Review Arbitration Scheme. We will be in touch with you shortly.
- [Grocery Industry Dispute Resolution Scheme: Mediation process ](https://nzdrc.co.nz/expertise/grocery-industry-dispute-resolution-scheme-mediation-process/) - Back to Scheme overview Mediation process: Grocery Industry Dispute Resolution Scheme Mediation is the preferred option for dispute resolution under the Scheme. However, if the parties do not agree to mediate, the dispute will proceed to adjudication. Mediation is a simple and confidential way to resolve disputes. In this process, the parties work with a
- [Grocery Industry Dispute Resolution Scheme: Adjudication process ](https://nzdrc.co.nz/expertise/grocery-industry-dispute-resolution-scheme-adjudication-process/) - Back to Scheme overview Adjudication process: Grocery Industry Dispute Resolution Scheme Where the parties do not agree to mediate, or have been unable to resolve all issues in dispute through mediation under the Scheme, they can access Adjudication to obtain a decision from an adjudicator. Adjudication provides parties to a dispute coming within the scope
- [DNC Expert Determination](https://nzdrc.co.nz/dnc-expert-determination/) - Back to Scheme overview Expert determination process: .nz Dispute Resolution Scheme The claimant can get a binding decision (determination) from an expert by referring the dispute to expert determination, in the initial claim or after the parties have tried mediation without agreement, or if the respondent did not agree to mediate. Expert determination quickly and
- [.nz DISPUTE RESOLUTION SCHEME: QUESTIONNAIRE](https://nzdrc.co.nz/nz-dispute-resolution-scheme-questionnaire/) - .nz Dispute Resolution Scheme: Questionnaire Collecting this information gives us data we can use to improve the Scheme and the support we give you and other experts and mediators. Thank you for taking the time to complete the questionnaire. Expert/Mediator Name(Required) NZDRC DNC .nz Dispute Reference(Required) (DNCXX-Number) EXPERT DETERMINATION/MEDIATION HOURS How many hours were worked
- [Cost of Adjudication](https://nzdrc.co.nz/adjudication/adjudication-cost/) - Explore NZDRC's adjudication cost structure for efficient dispute resolution. Learn about our fixed fee schemes for low-value claims and general claims.
- [Adjudication Model Clause](https://nzdrc.co.nz/adjudication/adjudication-model-clause/) - Ensure clear and efficient dispute resolution with our adjudication clause. Use NZDRC's model clause for reliable, binding adjudication. Learn more.
- [Application to join Adjudication Panel](https://nzdrc.co.nz/application-to-join-adjudication-panel/) - Apply to join the NZDRC Contractual Adjudication Panel. Submit your CV, provide experience details, and pay the application fee. Contact us today.
- [EXPERT DETERMINATION GUIDES AND RESOURCES](https://nzdrc.co.nz/expert-determination/expert-determination-guides-and-resources/) - Access NZDRC's expert determination guide and resources. Find templates, and detailed information to navigate the expert determination process efficiently.
- [Arbitration Guides and Resources](https://nzdrc.co.nz/arbitration/arbitration-guides-and-resources/) - Discover NZDRC's arbitration guide and resources. Access guidelines, and detailed information to navigate the arbitration process effectively. Learn more.
- [DNC Mediation](https://nzdrc.co.nz/dnc-mediation/) - Back to Scheme overview Mediation process: .nz Dispute Resolution Scheme Mediation is a simple, quick, private and confidential way to resolve disputes. In this process, the parties work with a neutral, independent mediator to identify the issues, develop and explore settlement options, assess the implications of settlement options and negotiate an agreement that will work
- [NZDRC ECA45 RULES](https://nzdrc.co.nz/arbitration/arbitration-rules/nzdrc-eca45-rules/) - Learn about the NZDRC ECA45 Rules for expedited arbitration. Access innovative rules designed for efficient, fair, and cost-effective dispute resolution.
- [Process Options](https://nzdrc.co.nz/process-options/) - Explore NZDRC's dispute resolution process options. Learn how our structured, efficient procedures ensure effective outcomes. Contact us today.
- [DNC Mediation Panellists](https://nzdrc.co.nz/dnc-mediation-panellists/) - .nz Dispute Resolution Scheme Mediators Mark Beech Mark Beech, LLB, AAMINZ, PRI (Med), Minst D, AHRINIZ Mark is the head of Regional Chambers, a specialist Dispute Resolution set of Barrister’s Chambers based in Tauranga, and undertaking dispute resolution and trial work throughout New Zealand. In addition to being a trial advocate, Mark is a qualified Mediator,
- [DNC Reply Form](https://nzdrc.co.nz/dnc-reply-form/) - .nz Dispute Resolution Scheme Reply Form 1 2 3 4 Claimant I am responding to this claim:(Required) in my personal capacity. on behalf of a company or other legal entity. Legal Name of Entity(Required) Next Save & Continue Your Contact Details Email Address(Required) Phone(Required) Previous Next Save & Continue Reply Details As the claimant, you
- [DNC Payment Form](https://nzdrc.co.nz/dnc-payment-form/) - .nz Dispute Resolution Scheme Payment Form Name(Required) First Last Email(Required) Enter Email Confirm Email Domain name in dispute(Required) Please include one of the domain names you are disputing. Dispute Resolution Process(Required) Expert DeterminationAppeal Transaction Processing Fee(Required) Local Cards (2.75%) International Cards (4%) Product Name(Required) Transaction Processing Fee Price: $ 0.00 Total (incl. GST) Credit Card(Required)
- [DNC Mediation Response Form](https://nzdrc.co.nz/dnc-mediation-response-form/) - .nz Dispute Resolution Scheme Mediation Response Form 1 2 3 4 Respondent I am responding to this claim:(Required) in my personal capacity. on behalf of a company or other legal entity. Legal Name of Entity(Required) Registered number (e.g. Company Number) if any Search the NZ Companies Register Please upload Company Extract(Required) Max. file size: 256
- [DNC Expert Determination Response Form](https://nzdrc.co.nz/dnc-expert-determination-response-form/) - .nz Dispute Resolution Scheme Application Expert Determination Response Form 1 2 3 4 Respondent I am responding to this claim:(Required) in my personal capacity. on behalf of a company or other legal entity. Legal Name of Entity(Required) Registered number (e.g. Company Number) if any(Required) Search the NZ Companies Register Please upload Company Extract(Required) Max. file
- [DNC Application Form - Mediation](https://nzdrc.co.nz/dnc-application-form-mediation/) - .nz Dispute Resolution Scheme Application for Mediation 1 2 3 4 5 NZ Dispute Resolution Scheme Application If you wish to apply for mediation or adjudication to resolve a dispute under the Grocery Scheme, please complete the application below. I am making this claim:(Required) in my personal capacity on behalf of a company or other
- [DNC Application Form - Expert Determination](https://nzdrc.co.nz/dnc-application-form-expert-determination/) - .nz Dispute Resolution Scheme Application for Expert Determination 1 2 3 4 5 NZ Dispute Resolution Scheme Application If you wish to apply for mediation or adjudication to resolve a dispute under the .nz Dispute Resolution Scheme, please complete the application below. I am making this claim:(Required) in my personal capacity on behalf of a
- [DNC Appeal Response Form](https://nzdrc.co.nz/dnc-appeal-response-form/) - .nz Dispute Resolution Scheme Appeal Response Form 1 2 3 4 Respondent I am making this response(Required) in my personal capacity. on behalf of a company or other legal entity. Legal Name of Entity(Required) Next Save & Continue Your Contact Details Title [if any] First Name(Required) Middle Name Last Name(Required) Physical Address(Required) AfghanistanÅland IslandsAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua
- [DNC Appeal Reply Form](https://nzdrc.co.nz/dnc-appeal-reply-form/) - .nz Dispute Resolution Scheme Appeal Reply Form 1 2 3 4 Appellant I am making this reply(Required) in my personal capacity. on behalf of a company or other legal entity. Legal Name of Entity(Required) Next Save & Continue Your Contact Details Email Address(Required) Phone(Required) Previous Next Save & Continue Reply Details As the Appellant, you
- [DNC Appeal Notice](https://nzdrc.co.nz/dnc-appeal-notice/) - .nz Dispute Resolution Scheme Appeal Notice 1 2 3 4 Appellant I am making this appeal(Required) in my personal capacity. on behalf of a company or other legal entity. Legal Name of Entity(Required) Registered number (e.g. Company Number) if any Search the NZ Companies Register Next Save & Continue Your Contact Details Title [if any]
- [Grocery Dispute Resolution Scheme Application](https://nzdrc.co.nz/grocery-dispute-resolution-scheme-application/) - Grocery Dispute Resolution Scheme Application Form 1 2 3 4 5 6 7 Notice of Dispute If you wish to apply for mediation or adjudication to resolve a dispute under the Grocery Scheme, please complete the application below. Have you served a Notice of Dispute on the other party?(Required) Yes No IMPORTANT You must serve
- [Search](https://nzdrc.co.nz/search/) - Find information on arbitration, mediation, adjudication, and other dispute resolution services. Access guides, resources, and FAQs.
- [ARB-MED GUIDES AND RESOURCES](https://nzdrc.co.nz/arb-med/arb-med-guides-and-resources/) - Access NZDRC's arb med guide and resources. Find templates and detailed information to navigate the combined arbitration and mediation process efficiently.
- [Arbitration Model Clauses](https://nzdrc.co.nz/arbitration/arbitration-model-clause/) - Find arbitration clause templates for future and existing disputes. Ensure fair and efficient dispute resolution with well-drafted model clauses.
- [Resolutions](https://nzdrc.co.nz/resolution/) - Discover ReSolution, the quarterly publication by NZDRC & NZIAC, featuring expert insights from global dispute resolution professionals.
- [ReSolution](https://nzdrc.co.nz/resources/resolution/) - Explore ReSolution, NZDRC's quarterly publication with insights from leading lawyers and dispute resolution professionals. Stay updated now.
- [About Us](https://nzdrc.co.nz/about-us/) - Discover NZ's top dispute resolution provider. NZDRC offers expert arbitration, mediation, and more to efficiently resolve your disputes. Contact us.
- [Initiating Mediation](https://nzdrc.co.nz/mediation/apply-for-mediation/) - Apply for mediation with NZDRC. Access our online mediation application process and templates to initiate effective dispute resolution. Learn more.
- [Apply for Adjudication](https://nzdrc.co.nz/adjudication/apply-for-adjudication/) - Adjudication Application Form 1 2 3 4 5 6 Important Please make sure you have served the Notice of Adjudication on the other party/parties before completing this application form. If you have a dispute resolution clause in your contract that refers you to adjudication, please make sure you have served the Notice of Adjudication on
- [Grocery Scheme Funding Information](https://nzdrc.co.nz/grocery-scheme-funding-information/) - Access Grocery Scheme Levy information for regulated grocery retailers at NZDRC. Complete your details to obtain essential levy information for compliance.
- [Arbitration under 'other' institutional rules](https://nzdrc.co.nz/arbitration-under-other-institutional-rules/) - Learn about arbitration under other institutional rules with NZDRC. We offer comprehensive registry and support for efficient dispute resolution.
- [Commercial Disputes](https://nzdrc.co.nz/expertise/commercial-disputes/) - Resolve commercial disputes with our arbitration and mediation services. Benefit from fair, prompt, and cost-effective solutions tailored to your needs.
- [EARLY NEUTRAL EVALUATION RULES](https://nzdrc.co.nz/early-neutral-evaluation/early-neutral-evaluation-rules/) - Explore NZDRC's early neutral evaluation rules for efficient dispute resolution. Learn about our process for fair, preliminary assessments by experts.
- [Initiating Arbitration](https://nzdrc.co.nz/arbitration/initiating-arbitration/) - Learn how to initiate arbitration with NZDRC. Get step-by-step guidance on starting both ad hoc and institutional arbitration processes.
- [Arbitration Rules](https://nzdrc.co.nz/arbitration/arbitration-rules/) - Explore NZDRC's comprehensive arbitration rules for effective dispute resolution. Understand our procedures for fair and efficient outcomes. Learn more.
- [EXPERT DETERMINATION MODEL CLAUSE](https://nzdrc.co.nz/expert-determination/expert-determination-model-clause/) - Ensure efficient dispute resolution with NZDRC's expert determination clause. Use our model clause for clear & binding resolutions by independent experts.
- [MEDIATION MODEL CLAUSE](https://nzdrc.co.nz/mediation/mediation-model-clause/) - Ensure efficient dispute resolution with NZDRC's mediation clause. Use our model clause in contracts for prompt, cost-effective mediation. Contact us now.
- [ARB-MED MODEL CLAUSE](https://nzdrc.co.nz/arb-med/arb-med-model-clause/) - Ensure seamless dispute resolution with NZDRC's arb med clause. Use our model clause in contracts for efficient arbitration and mediation. Learn more.
- [Article Upload BuildSafe Resolution](https://nzdrc.co.nz/article-upload-buildsafe-resolution/) - Article Upload We welcome the submission of articles and case notes for possible publication in ReSolution and BuildLaw. Please use the form below to make your submission. Article/Case Note Submission Details In which journal(s) would you like your article or case note to be considered for publication?* BuildLaw ReSolution Are you submitting a case note
- [Public Sector Disputes](https://nzdrc.co.nz/expertise/public-sector-disputes/) - Public Sector Disputes Private dispute resolution can be particularly beneficial for public sector disputes due to the unique characteristics and stakes involved. Public sector disputes often involve a variety of stakeholders, including government agencies, public employees, and citizens. Private dispute resolution can offer a more efficient and less contentious way to address these complex disputes.
- [Consumer Disputes](https://nzdrc.co.nz/expertise/consumer-disputes/) - Consumer Disputes Parties to consumer disputes may want to use private dispute resolution for several reasons. First, it can provide a more efficient and less confrontational way to settle these disputes, which often involve a variety of stakeholders and can be emotionally charged. Second, consumer disputes often involve sensitive personal information or privacy issues. The
- [Our Panellists](https://nzdrc.co.nz/people/) - Explore the profile hub at NZDRC. Learn about our experienced panellists and their expertise in arbitration, mediation, and adjudication processes.
- [Shareholder disputes](https://nzdrc.co.nz/expertise/shareholder-disputes/) - Shareholder disputes Private dispute resolution can be particularly beneficial for shareholder disputes due to the unique characteristics and stakes involved. Shareholder disputes often involve a variety of stakeholders, including corporate boards, shareholders, and employees. Private dispute resolution can offer a more efficient and less contentious way to address these complex disputes. Contact us On this
- [Cross-lease Disputes](https://nzdrc.co.nz/cross-lease-disputes/) - Resolve cross lease disputes efficiently with NZDRC's arbitration and mediation services. Benefit from our specialised knowledge and professional guidance.
- [Guides and Resources](https://nzdrc.co.nz/guides-and-resources/)
- [Sitemap](https://nzdrc.co.nz/sitemap/) - Navigate NZDRC's website easily with our sitemap. Access pages on arbitration, mediation, adjudication, and other dispute resolution services.
- [Request Rules PDF](https://nzdrc.co.nz/request-rules-pdf/) - Request a PDF of NZDRC's rules for arbitration, mediation, and more. Fill out the form to access guidelines and ensure effective dispute resolution.
- [Customer Service Charter](https://nzdrc.co.nz/customer-service-charter/) - Learn about our customer service charter. Understand our commitment to providing fair, prompt, and cost-effective dispute resolution services. Read more.
- [NZDRC RULES: A COMPARISON](https://nzdrc.co.nz/nzdrc-rules-a-comparison/) - Compare the arbitration rules to understand key features and differences. Access guidelines to select the appropriate arbitration process for your dispute.
- [Sustainability](https://nzdrc.co.nz/sustainability/) - Learn about our commitment to sustainability. Explore our environmental policies, practices, and efforts to reduce our carbon footprint in our services.
- [NZDRC Brochure](https://nzdrc.co.nz/nzdrc-brochure/) - Request or download the NZDRC Brochure. Learn about our dispute resolution services. Get comprehensive insights into our offerings.
- [ADVERTISE WITH RESOLUTION](https://nzdrc.co.nz/resources/resolution/advertise-with-resolution/) - Advertise with ReSolution. Reach a global audience in dispute resolution with articles covering domestic and international topics. Contact us for rates.
- [Model Clauses](https://nzdrc.co.nz/resources/model-clauses/) - Access model clauses for effective dispute resolution. Ensure clear, enforceable agreements in your contracts with NZDRC's comprehensive guidelines.
- [ARBITRATION JUDGMENTS](https://nzdrc.co.nz/resources/judgments/arbitration-judgments/) - Access arbitration judgments from NZDRC. Explore case summaries and outcomes to understand the application of arbitration in dispute resolution.
- [MEDIATION JUDGMENTS](https://nzdrc.co.nz/resources/judgments/mediation-judgments/) - Access mediation judgments from NZDRC. Explore case summaries and outcomes to understand the application of mediation in dispute resolution. Learn more.
- [EXPERT DETERMINATION JUDGMENTS](https://nzdrc.co.nz/resources/judgments/expert-determination-judgments/) - Access expert determination judgments from NZDRC. Explore case summaries to understand the application of expert determination dispute resolution.
- [ARB-MED JUDGMENTS](https://nzdrc.co.nz/resources/judgments/arb-med-judgments/) - Access Arb-Med judgments from NZDRC. Explore case summaries and decisions to understand the application and outcomes of Arb-Med dispute resolution.
- [JUDGMENTS](https://nzdrc.co.nz/resources/judgments/) - Access judgments from arbitration, Arb-Med, mediation, and expert determination at NZDRC. Learn about their impact on dispute resolution. Read more now.
- [Resources](https://nzdrc.co.nz/resources/) - Explore a wide range of resources at NZDRC, including guides, model clauses, publications, and judgments. Learn more now.
- [Arbitration Survey 2023](https://nzdrc.co.nz/arbitration-survey-2023/) - Participate in the New Zealand Arbitration Survey 2023. Share your experiences to help improve arbitration practices. Contact us today.
- [Arbitration Survey Report](https://nzdrc.co.nz/arbitration-survey-report/) - Participate in the New Zealand Arbitration Survey 2022. Share your experiences to help improve arbitration practices. Contact us today.
- [Arbitration Survey 2023: Part Two - Additional Appointments)](https://nzdrc.co.nz/arbitration-survey-2023-p2/) - Participate in the New Zealand Arbitration Survey 2023 Part 2. Share your experiences to help improve arbitration practices. Contact us today.
- [Feedback about the survey](https://nzdrc.co.nz/feedback-about-the-survey/) - Provide your feedback about the New Zealand Arbitration Survey. Share your thoughts and help us improve our services. Contact us now.
- [Sign up for copy of the report](https://nzdrc.co.nz/sign-up-for-copy-of-the-report/) - Sign up to receive a copy of the New Zealand Arbitration Survey 2023 outcome report. Your survey responses remain anonymous.
- [Privacy and Data Security](https://nzdrc.co.nz/privacy-and-data-security/) - Learn about our commitment to privacy and data security. Understand our data collection practices and security measures. Contact us today.
- [Complaints Process](https://nzdrc.co.nz/complaints/) - If you wish to file a complaint regarding our services or individuals, procedures and confidentiality policies, complete the form below.
- [Terms and Conditions for Online Payments](https://nzdrc.co.nz/terms-and-conditions-for-online-payments/) - Review NZDRC's terms and conditions for online payments. Understand the guidelines, privacy policies, and responsibilities when using our payment services.
- [Contract Modules](https://nzdrc.co.nz/expertise/it-dispute-resolution/contract-modules/) - Explore contract modules for IT dispute resolution. Enhance software project governance with provisions for risk mitigation and conflict management.
- [Employment Disputes](https://nzdrc.co.nz/expertise/employment-disputes/) - Resolve employment disputes with mediation, arbitration, and investigation services. Benefit from fair and confidential solutions tailored to your needs.
- [JUDGMENTS](https://nzdrc.co.nz/judgments/) - Access judgments from arbitration, Arb-Med, mediation, and expert determination at NZDRC. Learn about their impact on dispute resolution. Read more now.
- [Conflict Management](https://nzdrc.co.nz/conflict-management/) - Explore our conflict management services to enhance team cohesion & productivity. Benefit from organisational reviews and complaint management strategies.
- [COVID-19 Commercial Lease Arbitration Rules](https://nzdrc.co.nz/covid-19-commercial-lease-arbitration-rules/) - Explore our fixed fee arbitration rules for COVID-19 lease disputes. Learn about the process, eligibility, and benefits of our arbitration services.
- [COVID-19 Commercial Lease Mediation Rules](https://nzdrc.co.nz/covid-19-commercial-lease-mediation-rules/) - Explore NZDRC's fixed fee mediation rules for COVID-19 commercial lease disputes. Learn about the process, eligibility, and benefits of our services.
- [EARLY NEUTRAL EVALUATION PROTOCOL](https://nzdrc.co.nz/early-neutral-evaluation/early-neutral-evaluation-guides-and-resources/early-neutral-evaluation-protocol/) - Explore the Early Neutral Evaluation Protocol. Learn about the process, participant responsibilities, and benefits for efficient dispute resolution.
- [EARLY NEUTRAL EVALUATION CONFIDENTIALITY AGREEMENT](https://nzdrc.co.nz/early-neutral-evaluation/early-neutral-evaluation-guides-and-resources/early-neutral-evaluation-confidentiality-agreement/) - Access the Early Neutral Evaluation Confidentiality Agreement at NZDRC. Ensure all parties maintain confidentiality throughout the evaluation process.
- [Software and Services Project Contracts - Governance, Conflict Management and Dispute Resolution Model Clauses 2022](https://nzdrc.co.nz/software-and-services-project-contracts-governance-conflict-management-and-dispute-resolution-model-clauses-2022/) - Access governance, conflict management, and dispute resolution model clauses for software and services project contracts.
- [Expert Determination FAQ](https://nzdrc.co.nz/expert-determination/faq/) - Find answers to frequently asked questions about expert determination. Learn about the process, advantages, roles, and differences from arbitration.
- [EXPERT DETERMINATION AGREEMENT](https://nzdrc.co.nz/expert-determination/expert-determination-guides-and-resources/expert-determination-agreement/) - Access the expert determination agreement for using NZDRC's services. Ensure compliance with our standard form and rules for effective dispute resolution.
- [Adjudication FAQ](https://nzdrc.co.nz/adjudication/faq/) - Find answers to frequently asked questions about adjudication. Learn about the process, types of disputes, adjudicator roles, confidentiality, and more.
- [NOTICE OF MEDIATION](https://nzdrc.co.nz/mediation/mediation-guides-and-resources/notice-of-mediation/) - Access the notice of mediation template for initiating mediation under NZDRC rules. Ensure compliance and efficient dispute resolution. Download now.
- [MEDIATION AGREEMENT](https://nzdrc.co.nz/mediation/mediation-guides-and-resources/mediation-agreement/) - Access the NZDRC mediation agreement template. Formalise mediation agreements with our detailed and compliant template for effective dispute resolution.
- [Mediation FAQ](https://nzdrc.co.nz/mediation/faq/) - Find answers to frequently asked questions about mediation at NZDRC. Learn about the mediation process, benefits, confidentiality, and more.
- [Apply for lease dispute mediation](https://nzdrc.co.nz/mediation/apply-for-mediation/apply-for-lease-dispute-mediation/) - Apply for lease dispute mediation with NZDRC. Use our fixed fee service for COVID-19 related lease disputes. Start your application today.
- [CODE OF CONDUCT FOR EXPERT WITNESSES](https://nzdrc.co.nz/arb-med/arb-med-guides-and-resources/code-of-conduct-for-expert-witnesses/) - Access the Arb-Med guide on the code of conduct for expert witnesses. Ensure impartiality and compliance with the rules for arbitration and mediation.
- [GUIDELINES FOR EXPERT EVIDENCE](https://nzdrc.co.nz/arb-med/arb-med-guides-and-resources/guidelines-for-expert-evidence/) - Access the Arb-Med guidelines for expert evidence. Ensure compliance with NZDRC's rules on expert reports, joint conferences, and concurrent evidence.
- [Arb-med FAQ](https://nzdrc.co.nz/arb-med/faq/) - Find answers to frequently asked questions about Arb-Med. Learn about the process, benefits, and more to understand how Arb-Med can resolve your disputes.
- [ARB-MED AGREEMENT](https://nzdrc.co.nz/arb-med/arb-med-guides-and-resources/arb-med-agreement/) - Access the Arb-Med agreement template for initiating arbitration and mediation under NZDRC rules. Download now.
- [NOTICE OF ARB-MED](https://nzdrc.co.nz/arb-med/notice-of-arb-med/) - Access the notice of Arb Med template for initiating arbitration and mediation. Ensure compliance with NZDRC's rules for efficient dispute resolution.
- [STANDARD ARBITRATION RULES](https://nzdrc.co.nz/arbitration/standard-arbitration-rules/) - Explore NZDRC's Standard Arbitration Rules for efficient dispute resolution. Access guidelines on appointment, interim relief and expedited procedures.
- [Fixed Fee Arbitration](https://nzdrc.co.nz/arbitration/fixed-fee-arbitration/) - Explore fixed fee arbitration for low-value disputes. Benefit from a transparent fee structure for claims under NZ$50,000. Start your application today.
- [Arbitration FAQ](https://nzdrc.co.nz/arbitration/faq/) - Find answers to frequently asked questions about arbitration. Learn about the process and benefits to understand how arbitration can resolve your disputes.
- [NZDRC ECA60 RULES](https://nzdrc.co.nz/arbitration/arbitration-rules/nzdrc-eca60-rules/) - Explore the NZDRC ECA60 Rules for arbitration. Access rules designed for efficient, fair, and cost-effective dispute resolution. Contact us today.
- [Arbitration: Preliminary Fees Calculator](https://nzdrc.co.nz/arbitration/arbitration-preliminary-fees-calculator/) - Use the arbitration preliminary fees calculator to estimate costs for your dispute. Ensure accurate budgeting for your arbitration process. Calculate now.
- [Supplemental Agreement to appeal to AMINZ Arbitration Appeal Tribunal](https://nzdrc.co.nz/arbitration/arbitration-guides-and-resources/supplemental-agreement-to-appeal-to-aminz-arbitration-appeal-tribunal/) - Learn about the supplemental agreement to appeal to the AMINZ Arbitration Appeal Tribunal. Understand its confidentiality benefits, and procedures.
- [Guidelines for Expert Evidence](https://nzdrc.co.nz/arbitration/arbitration-guides-and-resources/guidelines-for-expert-evidence/) - Access our guidelines for expert evidence in arbitration. Ensure compliance with report preparation, joint conferences, and concurrent evidence standards.
- [Code of Conduct for Expert Witnesses](https://nzdrc.co.nz/arbitration/arbitration-guides-and-resources/code-of-conduct-for-expert-witnesses/) - Learn about the code of conduct for expert witnesses at NZDRC. Ensure impartiality, transparency, and compliance with arbitration rules. Access now.
- [Arbitration Agreement](https://nzdrc.co.nz/arbitration/arbitration-guides-and-resources/arbitration-agreement/) - Access the NZDRC arbitration agreement template. Use this form to formalise agreements for arbitration. Download now.
- [Agreement to act as Arbitral Secretary](https://nzdrc.co.nz/arbitration/arbitration-guides-and-resources/agreement-to-act-as-arbitral-secretary-and-statement-of-availability-independence-and-impartiality/) - Access the agreement to act as arbitral secretary and statement of availability, independence, and impartiality. Ensure compliance with NZDRC rules.
- [ARBITRATION ACT 1996](https://nzdrc.co.nz/arbitration/arbitration-guides-and-resources/arbitration-act-1996/) - Learn about the Arbitration Act 1996, which governs arbitration in New Zealand. Discover its principles, history, and impact on dispute resolution.
- [Apply for lease dispute arbitration](https://nzdrc.co.nz/arbitration/apply-for-lease-dispute-arbitration/) - Apply for lease dispute arbitration with NZDRC. Access our special fixed fee service for COVID-19 related lease disputes. Start your application today.
- [Ad hoc arbitrations](https://nzdrc.co.nz/ad-hoc-arbitrations/) - Explore ad hoc arbitration with NZDRC. Benefit from tailored arbitration services with limited institutional oversight, ensuring cost-effective resolution.
- [Institutional arbitration](https://nzdrc.co.nz/institutional-arbitration/) - Explore institutional arbitration under the NZDRC Arbitration Rules. We offer efficient dispute resolution with support from initiation to final award.
- [Mediation Rules](https://nzdrc.co.nz/mediation/mediation-rules/) - Explore NZDRC's comprehensive mediation rules for effective dispute resolution. Learn about our effective mediation process to resolve conflicts promptly.
- [Insurance Disputes](https://nzdrc.co.nz/expertise/insurance-disputes/) - Resolve insurance disputes efficiently with our services. Learn about our specialised solutions for effective outcomes. Discover more today.
- [Financial Services Disputes](https://nzdrc.co.nz/expertise/financial-services-disputes/) - Resolve financial services disputes efficiently with our services. Learn about our expert solutions for effective outcomes. Contact us today.
- [EARLY NEUTRAL EVALUATION FAQ](https://nzdrc.co.nz/early-neutral-evaluation/early-neutral-evaluation-faq/) - Explore NZDRC's early neutral evaluation answers to common questions. Learn about the process, benefits, and when to use this dispute resolution method.
- [EARLY NEUTRAL EVALUATION FEES](https://nzdrc.co.nz/early-neutral-evaluation/early-neutral-evaluation-fees/) - Discover NZDRC's early neutral evaluation fees for efficient dispute resolution. Learn about our fee structures, and security deposits for expert services.
- [EXPERT DETERMINATION FEES](https://nzdrc.co.nz/expert-determination/expert-determination-fees/) - Explore NZDRC's expert determination fees. Learn about our fee structures, payment processes, and security deposits for expert services. Learn more.
- [EXPERT DETERMINATION RULES](https://nzdrc.co.nz/expert-determination/expert-determination-rules/) - Explore NZDRC's expert determination rules for efficient dispute resolution. Learn about our process for quick, cost-effective resolutions by experts.
- [APPLY FOR EXPERT DETERMINATION](https://nzdrc.co.nz/expert-determination/apply-for-expert-determination/) - Apply for expert determination services with NZDRC. Get assistance with the expert determination application process for efficient dispute resolution.
- [Adjudication Rules](https://nzdrc.co.nz/adjudication/adjudication-rules/) - Explore NZDRC's adjudication rules for efficient dispute resolution. Understand our structured process for fair, prompt, and cost-effective outcomes.
- [MEDIATION PROTOCOL](https://nzdrc.co.nz/mediation/mediation-protocol/) - Explore NZDRC's mediation protocol for effective dispute resolution. Understand the roles, rights, and responsibilities within our structured process.
- [ARB-MED RULES](https://nzdrc.co.nz/arb-med/arb-med-rules/) - Explore NZDRC's arb med rules for effective dispute resolution. Learn how our structured process combines arbitration and mediation for efficient outcomes.
- [APPLY FOR ARB-MED](https://nzdrc.co.nz/arb-med/apply-for-arb-med/) - Submit your arb med application with NZDRC for efficient dispute resolution. Access templates and learn about the arb-med process. Contact us now.
- [Notice of Arbitration](https://nzdrc.co.nz/arbitration/notice-of-arbitration/) - 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,
- [Request a template: Notice of arb-med](https://nzdrc.co.nz/arb-med/request-a-template-notice-of-arb-med/) - Request a template: Notice of Arb-med Name(Required) First Last Email(Required) Enter email Confirm email Phone(Required) Parties Claimant name(Required) Please ensure this is the correct legal name Claimant address for service(Required) Please confirm the details for service of any documentation on the claimant including an email address Respondent name(Required) Please ensure this is the correct legal
- [Request a template: Notice of Adjudication](https://nzdrc.co.nz/adjudication/request-a-template-notice-of-adjudication/) - Request for template: Notice of Adjudication Name(Required) First Last Email(Required) Enter email Confirm email Phone(Required) Parties Claimant name(Required) Please ensure this is the correct legal name Claimant address for service(Required) Please confirm the details for service of any documentation on the claimant including an email address Respondent name(Required) Please ensure this is the correct legal
- [EARLY NEUTRAL EVALUATION AGREEMENT](https://nzdrc.co.nz/early-neutral-evaluation/early-neutral-evaluation-agreement/) - Early neutral evaluation agreement By an Agreement Dated this Day of (month) (year) BETWEEN First Party AND Second Party Together, the Parties The Parties are parties to [a contract entered into on or about [enter date]] or [proceedings in the [Court] referred to as CIV- ]] The Parties have agreed that all matters in dispute between
- [Request a template: Notice of Expert Determination](https://nzdrc.co.nz/expert-determination/request-a-template-notice-of-expert-determination/) - Request a template: Notice of Expert Determination Name(Required) First Last Email(Required) Enter email Confirm email Phone(Required) Parties Claimant name(Required) Please ensure this is the correct legal name Claimant address for service(Required) Please confirm the details for service of any documentation on the claimant including an email address Respondent name(Required) Please ensure this is the correct

## Guides and Resources

- [Confidentiality Agreement for Non-Parties (Arbitration)​](https://nzdrc.co.nz/guides-and-resources/confidentiality-agreement-for-non-parties-arbitration/)
- [Supplemental Agreement to Appeal to AMINZ Arbitration Appeal Tribunal from Award Made Under NZDRC Rules](https://nzdrc.co.nz/guides-and-resources/supplemental-agreement-to-appeal-to-aminz-arbitration-appeal-tribunal-from-award-made-under-nzdrc-rules/) - Supplemental Agreement to Appeal to AMINZ Arbitration Appeal Tribunal from Award Made Under NZDRC Rules
- [AMINZ Arbitration Appeal Tribunal](https://nzdrc.co.nz/guides-and-resources/aminz-arbitration-appeal-tribunal/) - Further information on the AAT including the rules and schedule of fees
- [Default Appointments](https://nzdrc.co.nz/guides-and-resources/default-appointments/) - What to do when the parties cannot agree on who to appoint as arbitrator.
- [Arbitration Act 1996](https://nzdrc.co.nz/guides-and-resources/arbitration-act-1996/) - Arbitration in New Zealand is governed by the Arbitration Act 1996 and the Arbitration Amendment Act 2007.
- [Guidelines for Expert Evidence](https://nzdrc.co.nz/guides-and-resources/guidelines-for-expert-evidence/) - as provided for in Appendix 4 to the NZDRC Arbitration Rules
- [Agreement to Act as Arbitral Secretary](https://nzdrc.co.nz/guides-and-resources/agreement-to-act-as-arbitral-secretary/) - Agreement to Act as Arbitral Secretary can be found in the form found at Appendix 6 to the NZDRC Arbitration Rules
- [Code of Conduct for Expert Witnesses](https://nzdrc.co.nz/guides-and-resources/code-of-conduct-for-expert-witnesses/) - As provided for in Appendix 5 to the NZDRC Arbitration Rules
- [Arbitration Agreement](https://nzdrc.co.nz/guides-and-resources/arbitration-agreement/) - In the form found at Appendix 2 to the NZDRC Arbitration Rules
- [IBA Guidelines](https://nzdrc.co.nz/guides-and-resources/iba-guidelines-on-conflicts-of-interest-in-international-arbitration/) - The IBA Rules on the Taking of Evidence in International Arbitration
- [Early Neutral Evaluation Confidentiality Agreement](https://nzdrc.co.nz/guides-and-resources/early-neutral-evaluation-confidentiality-agreement/)
- [Expert Determination Confidentiality Agreement](https://nzdrc.co.nz/guides-and-resources/expert-determination-confidentiality-agreement/) - The purpose of the confidentiality agreement is to ensure that all representatives and support persons of parties to Expert Determination understand the responsibilities that they have to the process and that they agree to maintain the confidentiality of the Expert Determination process. All representatives and support persons must sign a copy of the confidentiality agreement
- [Arbitration Agreement - Arbitration by sole arbitrator (NZDRC appointed)](https://nzdrc.co.nz/guides-and-resources/arbitration-agreement-arbitration-by-sole-arbitrator-nzdrc-appointed/) - Arbitration by sole arbitrator (NZDRC appointed)
- [Early Neutral Evaluation Protocol](https://nzdrc.co.nz/guides-and-resources/early-neutral-evaluation-protocol/)
- [Arbitration Agreement - Arbitration by sole arbitrator (Party appointed)](https://nzdrc.co.nz/guides-and-resources/forms-and-precedents/) - Arbitration by sole arbitrator (Party appointed)
- [Arbitration Agreement - Arbitration by three arbitrators (Party appointed)](https://nzdrc.co.nz/guides-and-resources/arbitration-agreement-arbitration-by-three-arbitrators-party-appointed/) - Arbitration by three arbitrators (Party appointed)
- [Arbitration Agreement - Arbitration by three arbitrators - (NZDRC appointed)](https://nzdrc.co.nz/guides-and-resources/arbitration-agreement-arbitration-by-three-arbitrators-nzdrc-appointed/) - Arbitration by three arbitrators (NZDRC appointed)
- [Notice of Arbitration](https://nzdrc.co.nz/guides-and-resources/notice-of-arbitration-including-guidance-notes/) - Including Guidance Notes
- [NZDRC Rules Comparison](https://nzdrc.co.nz/guides-and-resources/nzdrc-rules-comparison/) - A brief summary of the key features and differences between the NZDRC arbitration processes available.
- [IBA Rules](https://nzdrc.co.nz/guides-and-resources/iba-rules-on-the-taking-of-evidence-in-international-arbitration/) - The IBA Rules on the Taking of Evidence in International Arbitration
- [Arbitration Act Proposed Amendments](https://nzdrc.co.nz/guides-and-resources/arbitration-act-proposed-amendments/) - a library of forms and precedents to use to comply with your obligations under the NZDRC Arbitration Rules
- [Notice of Arb-Med](https://nzdrc.co.nz/guides-and-resources/notice-of-arb-med/) - Notice of Arb-Med including Guidance Notes
- [Arb-Med Agreement](https://nzdrc.co.nz/guides-and-resources/arb-med-agreement/) - Arb-Med Agreement in the form found at Appendix 2 to the NZDRC Arb-Med Rules
- [Confidentiality Agreement for Non-Parties](https://nzdrc.co.nz/guides-and-resources/confidentiality-agreement-fornon-parties/) - Confidentiality Agreement for Non-Parties in the form found at Appendix 3 to the NZDRC Arb-Med Rules
- [Notice of Mediation](https://nzdrc.co.nz/guides-and-resources/notice-of-mediation/) - Notice of Mediation including Guidance Notes
- [Mediation Agreement ](https://nzdrc.co.nz/guides-and-resources/mediation-agreement/) - Mediation Agreement in the form found at Appendix 2 to the NZDRC Mediation Rules
- [Confidentiality Agreement for Non-Parties](https://nzdrc.co.nz/guides-and-resources/confidentiality-agreement-for-non-parties-2/) - Confidentiality Agreement for Non-Parties in the form found at Appendix 3 to the NZDRC Mediation Rules
- [Expert Determination Agreement](https://nzdrc.co.nz/guides-and-resources/expert-determination-agreement/)
- [Early Neutral Evaluation Agreement](https://nzdrc.co.nz/guides-and-resources/early-neutral-evaluation-agreement/)
- [Neutral Evaluation Revisited ](https://nzdrc.co.nz/guides-and-resources/neutral-evaluation-revisited/) - Test 123
- [Finance and Tax Disputes](https://nzdrc.co.nz/guides-and-resources/finance-and-tax-disputes/)

## ReSolution

- [ReSolution Issue 46](https://nzdrc.co.nz/resolution/resolution-issue-46/) - Feature Article: Arbitrating gas supply disputes ReSolution in Brief Hong Kong courts declined to restrain Cayman winding-up proceedings despite arbitration clause Singapore: Anti-suit injunctions and sovereign immunity — injuncting a state-related entity Case in Brief: Shareholder dispute: High Court declines to set aside arbitral award Non-participant in GAFTA arbitration bringing post-award challenge not subject to
- [ReSolution Issue 47](https://nzdrc.co.nz/resolution/resolution-issue-47/) - From Editor Feature article: Upholding the contractual bargain ReSolution in Brief International Arbitration: English Commercial Court Refuses to Grant Anti-Suit Injunction to Stop Russian Foreclosure Proceedings Case in Brief: A genuine intention to arbitrate? Hong Kong Court of First Instance considers arbitration clause in debt dispute. English Commercial Court finds that ICSID and ECT awards
- [ReSolution Issue 45](https://nzdrc.co.nz/resolution/resolution-issue-45/) - From the Editor Feature Article: Treaty Terms Matter ReSolution in Brief Three Decades of Progress: A Transnational Reflection on the Evolution of Arbitration The Courtroom Algorithm: Why AI Cannot Replace Judges, Arbitrators and Other ADR Practitioners AI Transforming Legal Practice: Highlights from GAITC 2025 Law & AI Forum Case in Brief: Costs, Consent, and the
- [ReSolution Issue 44](https://nzdrc.co.nz/resolution/resolution-issue-44/) - From the Editor Feature Article: Live in the Moment ReSolution in Brief Singapore Court of Appeal rules on nonparticipating parties raising Infra Petita Challenges to an Arbitral Award When Arbitration goes off-course: Lessons from Mare Nova Inc v Zhangjiagang Jiushun Ship Engineering Case in Brief: “Careful and reasonable”: High Court finds New Zealand Dispute Resolution
- [ReSolution Issue 31](https://nzdrc.co.nz/resolution/resolution-issue-31/) - From the Editor ReSolution in Brief Different dispute resolution clauses in related contracts. Which one prevails? Sign of the times: enforcing an arbitration agreement exchanged by electronic counterparts Case in Brief: Court thwarts bad faith attempt to lift veil of confidentiality of international arbitration award New Zealand still rated as global leader for public sector
- [ReSolution Issue 43](https://nzdrc.co.nz/resolution/resolution-issue-43/) - From the editor Feature Article: The problem of ‘noise’ in decision-making ReSolution in Brief Shanghai International Commercial Court Established A Bugsby’s life – Arbitration or Alternative Dispute Resolution? Case in Brief: Sloppy arbitration clause fine, but Hong Kong Court of First Instance takes issue with party’s delay. Couple ordered to complete the purchase of two
- [ReSolution Issue 42](https://nzdrc.co.nz/resolution/resolution-issue-42/) - From the editor ReSolution in Brief Trust in Mediation They have a hopeless case, so why won’t they settle? It’s a lot easier than getting blood out of a stone – using payment claims and adjudication under the Construction Contracts Act to get paid Shifting the focus: New Zealand High Court adjusts the lens in
- [ReSolution Issue 41](https://nzdrc.co.nz/resolution/resolution-issue-41/) - From Editor ReSolution in Brief HAL in hot water A difference of opinion Ontario Court of Appeal Clarifies the Bounds of ‘Constructive Fraud’ in Arbitration Awards Court found arbitrator’s jurisdiction could not be resuscitated after delivery of final award even when award was conditional – that parrot is no more! CEO secrets Desire for consistency
- [ReSolution Issue 40](https://nzdrc.co.nz/resolution/resolution-40/) - From Editor ReSolution in Brief The Arbitration Job It’s not rocket science! IBA publishes updated guidelines on conflicts of interest in arbitration Case in Brief: Newcomer arbitrator put under lights in case ofapparent bias. Arbitration – different standards applicable than the courts but more than just ‘suits’ settling disputes. Challenges to arbitral award dismissed: High
- [ReSolution Issue 38](https://nzdrc.co.nz/resolution/resolution-issue-38/) - From the Editor ReSolution in Brief It’s Time Clubs, societies, and arbitration: the Incorporated Societies Act 2022 London Calling FamilyMart Privy Council decision Going for Gold Case in Brief: Notice of arbitration – make it valid or the award will not stand English court retains power to award costs after arbitration challenge dismissed What’s the
- [ReSolution Issue 10](https://nzdrc.co.nz/resolution/resolution-issue-10/) - In this issue we feature the topical issues of ‘fair play’ and bias in arbitration and adjudication. We also look at the Permanent Court of Arbitration’s (PCA’s) award in the South China Sea case in which the Tribunal rejected China’s claim to historic rights over all of the South China Sea as without any foundation
- [ReSolution Issue 12](https://nzdrc.co.nz/resolution/resolution-issue-12/) - In this issue we feature the financial sector with articles on the ICC Report on Financial Institutions and Arbitration, and expert determination in the context of the recent High Court decision in the Peregrine Wines shareholder dispute. We also look at the study of neuroscience and its relevance to mediation, the little understood default appointment
- [ReSolution Issue 13](https://nzdrc.co.nz/resolution/resolution-issue-13/) - In this issue we feature arbitration with articles on the finality of awards, amendments to the Arbitration Act, the role of arbitral secretaries, enforcement of international arbitration awards, security for costs, and the nightmare that can be the reality of multi-tiered dispute resolution clauses. We also look at therapeutic jurisprudence and how it might impact
- [ReSolution Issue 14](https://nzdrc.co.nz/resolution/resolution-issue-14/) - In this issue we feature dispute resolution in Asia including articles on third party funding for international arbitration, new apology legislation in Hong Kong, and the appointment of receivers by the Hong Kong High Court as an interim measure in support of arbitration in mainland China. We also look at parties being held to their
- [ReSolution Issue 15](https://nzdrc.co.nz/resolution/resolution-issue-15/) - In this issue, we feature mediation. We also look at arbitration of trust disputes, third party funding for International Arbitration in Asia, refusal by PRC Court to enforce an award made under SIAC expedited procedures, India takes a step back when Supreme Court allows employee of a party to act as arbitrator, the position vis-à-vis
- [ReSolution Issue 16](https://nzdrc.co.nz/resolution/resolution-issue-16/) - This is a particularly special issue as it also marks the launch of the New Zealand International Arbitration Centre’s (NZIAC) 2018 Rules for Arbitration, Mediation, and Arb-Med. With New Zealand’s well developed and trusted legal system, world class infrastructure, and ‘safe nation’ status, NZIAC is ideally positioned to become the Trans-Pacific Region’s premier forum to handle the
- [ReSolution Issue 17](https://nzdrc.co.nz/resolution/resolution-issue-17/) - In this issue we look at what happens when a member of an arbitral tribunal fails to perform, enforcement of arbitration agreements against non-signatories, and securing the appointment of an arbitral tribunal in the absence of agreement. We also look at whether there should be full and frank disclosure in international arbitration; and more. In
- [ReSolution Issue 20](https://nzdrc.co.nz/resolution/resolution-issue-20/) - In this issue, we focus on dispute resolution in the field of Intellectual Property. In her article Protecting IP: Arbitration v Litigation, Yoanna Schuch explores the growing use of arbitration in IP disputes; while Mark Kelly explains the benefits of ADR for IP disputes in his article Intellectual Property and Alternative Dispute Resolution. We also
- [ReSolution Issue 23](https://nzdrc.co.nz/resolution/resolution-issue-23/) - In this issue we feature Gerard Doolin’s research project on the causes of IT Project misalignment and contract disputes. The results of the survey conducted as part of the project have been collated and released in a final report. A copy of the report can be downloaded on page 12. We look at a long
- [ReSolution Issue 9](https://nzdrc.co.nz/resolution/resolution-issue-9/) - In this issue we feature the topical issue of dispute resolution under investment treaties with articles discussing how the twelve parties to the Trans Pacific Partnership Agreement will settle disputes, State immunity and enforcement of foreign arbitral awards under English law, and the scope of dispute resolution clauses under post Soviet-era BITs – the Yukos
- [ReSolution Issue 8](https://nzdrc.co.nz/resolution/resolution-issue-8/) - In this issue we feature ‘child inclusive mediation’ in the context of family dispute resolution (FDR). Research tells us that one in three children before the age of sixteen is likely to experience a family break-up, sometimes several. How separation is handled over the following months and years is critical. Children caught up in their
- [ReSolution Issue 36](https://nzdrc.co.nz/resolution/resolution-issue-36/) - From the Editor ReSolution in Brief Federal Court of Australia enforces foreign arbitral award of $40 million An Orthodox operation of religious arbitration English High Court finds that assignment of arbitration clause by operation of law prohibited by anti-assignment clause Case in Brief Arbitrator’s exercise of phantom jurisdiction Marco Polo’s arbitration odyssey Subject matter arbitrability
- [ReSolution Issue 34](https://nzdrc.co.nz/resolution/resolution-issue-34/) - From the Editor ReSolution in Brief NZ High Court orders former spouses to ADR NZDRC launches Contractual Adjudication service Lessons from the Frontline where Negotiation is Life or Death When can an arbitrator voluntarily resign and what are the implications for the arbitration? Case in Brief Busting ghostwriters – expert witnesses beware! What does the
- [ReSolution Issue 33](https://nzdrc.co.nz/resolution/resolution-issue-33/) - From the Editor ReSolution in Brief Falling foul of “normal” business practice: are arrangements based on “cultural factors” really that unusual in New Zealand today? Motivations, Influence & Mutual Value: What Nixon’s Dog Can Teach Us About Negotiating Performance The United States Supreme Court Restricts Discovery for International Arbitrations Arbitral award set aside for ‘glaringly
- [ReSolution Issue 32](https://nzdrc.co.nz/resolution/resolution-issue-32/) - From the Editor ReSolution in Brief All dressed up but nowhere to go: Recognition but no enforcement of ICSID awards The nuts and bolts of appealing an arbitral award when you need the Court’s leave Fruit of collusion: Hong Kong Court sets aside an enforcement order for a Mainland award Case in Brief: Hong Kong
- [ReSolution Issue 30](https://nzdrc.co.nz/resolution/resolution-issue-30/) - ReSolution In Brief Enforcement of foreign arbitration awards in Australia – lessons from the Hub Street appeal The house doesn’t always win Case in Brief: English High Court confirms that parties are not permitted to raise new counterclaims at enforcementstage of a New York convention award Related parties involved in fraud and bribery are taught
- [ReSolution Issue 21](https://nzdrc.co.nz/resolution/resolution-issue-21/) - In this issue, we look at conferring exclusive jurisdictions on experts in rent review disputes, the granting of access to documents for use in arbitral disciplinary proceedings by the Commercial Court in London, the ruling by the Supreme Court of Canada that affirms the enforceability of arbitration clauses despite related class action, the benefits of
- [ReSolution Issue 11](https://nzdrc.co.nz/resolution/resolution-issue-11/) - In this issue, we feature the topical issues of ‘third-party funding’ and ‘investment treaty arbitration’. We also look at expert determination, child inclusive mediation, whether indemnity costs should be the default position for unsuccessfully attempting to resist enforcement of an arbitral award, the applicability of Islamic finance principles under English law, the CAS Maria Sharapova
- [ReSolution Issue 25](https://nzdrc.co.nz/resolution/resolution-issue-25/) - In this issue, we look at some of the impacts that the COVID-19 health crisis has had on the English Court system in our article ‘Achieving justice during a global pandemic’. We also touch on the Governments arbitration scheme for COVID-19 rent disputes. We feature the second part of a two-part series focusing on using
- [ReSolution Issue 24](https://nzdrc.co.nz/resolution/resolution-issue-24/) - In this issue, we look at the dangers of defective dispute resolution clauses – as have been highlighted in recent High Court cases. In Fiona Tregonning’s article on page 7 she examines Tumatatoro Limited v HJS AG Limited & Ben Vanderkolk [2019] NZHC 1047 and the problems caused by a clumsily constructed dispute resolution clause in a
- [ReSolution Issue 27](https://nzdrc.co.nz/resolution/resolution-issue-27/) - Transparency International: New Zealand’s perception is its reality Rules against penalties Alternative Dispute Resolution under the Trusts Act 2019 – missing in action? Case in Brief: Preston v Preston It pays to check: US$54 million error a “simple” mistake Witness-Gating: Arbitrator’s denial of witness evidence at hearing deemed breach of natural justice in Singapore Third
- [ReSolution Issue 28](https://nzdrc.co.nz/resolution/resolution-issue-28/) - English Court applies the principles of Halliburton on arbitration bias and the confidentiality of arbitration claims Case in brief: Equitable compensation allowed for breach of arbitration clause by a third party High Court finds arbitration is not the appropriate forum to determine whakapapa What are the cost implications of challenging an arbitral award through the courts?
- [ReSolution Issue 29](https://nzdrc.co.nz/resolution/resolution-issue-29/) - All’s fair in football and arbitration Court sees through layers of lipstick and linguistic camouflage in audacious application to set aside arbitral award Case in Brief? Supreme clarity – digging into the Bathurst decision The Lugano Clock has stalled: what now for dispute resolution clauses? Post-mediation head of agreement does not provide pathway to binding
- [ReSolution Issue 35](https://nzdrc.co.nz/resolution/resolution-issue-35/) - From the Editor ReSolution in Brief Gas dispute to be aired in arbitration Where do directors’ duties lie once insolvency looms? Please release me: Court of Appeal clarifies how the scope of a settlement agreement will be construed Is a party required to accept non-contractual performance during a force majeure event? Case in Brief –
- [ReSolution Issue 37](https://nzdrc.co.nz/resolution/resolution-issue-37/) - From the Editor ReSolution in Brief As easy as one, two, three Harman obligation released for documents from mining arbitration Singapore International Commercial Court sets out test for the production of confidential arbitral deliberations Serious irregularity standard in arbitration Case in Brief: Leave for second appeal declined in lease dispute arbitration Let me hear your
- [ReSolution Issue 39](https://nzdrc.co.nz/resolution/resolution-39/) - From Editor ReSolution in Brief Knot a good idea Bahaman courts further affirm arbitration of trust disputes General Assembly of the Dubai Court of Cassation has provided needed clarity regarding the validity of arbitration agreements. Case in Brief: What is the implication of becoming a Contracting State to the New York Convention? US $11 billion
- [ReSolution Issue 19](https://nzdrc.co.nz/resolution/resolution-issue-19/) - In this issue, we feature Participating, Non-participating and Boycotting Parties under Proposed Article 16. We also look at the Court of Arbitration for Art, mediation power imbalances, issues for arbitrators in determining jurisdiction, whether the scope of a reference to arbitration could be reduced by the pleadings, the Supreme Court in London’s reaffirmation of the
- [ReSolution Issue 18](https://nzdrc.co.nz/resolution/resolution-issue-18/) - In this issue we look at the Arbitration Amendment Bill and whether the proposed amendments herald the wider and more general use of arbitration for trust disputes in New Zealand. We also look at the use of Arb-Med for resolving relationship property disputes, the rare use of a request for a ruling by a supervising
- [ReSolution Issue 22](https://nzdrc.co.nz/resolution/resolution-issue-22/) - In this issue, we look at why arbitration is so popular in commercial landlord and tenant disputes and the historic trade agreement that has been agreed between Mercosur and the European Union. We examine a report issued by Scottish Mediation which proposes a strategy to make mediation mainstream in Scotland and we review the bill
- [ReSolution Issue 26](https://nzdrc.co.nz/resolution/resolution-issue-26/) - In this issue we feature multi-tiered dispute resolution clauses, the governing law of the arbitration agreement, whether an arbitration agreement protects a debtor from the threat of liquidation, and the government subsidised COVID-19 commercial lease arbitration and mediation service. We also look at the much awaited UK Supreme Court judgment in Halliburton Company (Appellant) v Chubb

## Profiles

- [Gerard Doolin](https://nzdrc.co.nz/people/gerard-doolin/) - Gerard is a New Zealand-qualified lawyer and accredited mediator. Since 2000, Gerard has worked as a senior advisor, focussing on the development, provision, use of and management of software and services engagements. Before establishing his specialised service offering, Be Amorgos IT Contractual Services, he worked from 2000 to 2016 for global IT consultancy groups (including
- [Catherine Green](https://nzdrc.co.nz/people/catherine-green/) - Catherine is an arbitrator, adjudicator, and mediator in private practice, focused on commercial and construction disputes. Since 2016, she has accepted 200+ appointments across these roles and is listed on the dispute resolution panels of the New Zealand International Arbitration Centre (NZIAC), New Zealand Dispute Resolution Centre (NZDRC), the Building Disputes Tribunal, the Beijing International
- [Chris Rowe](https://nzdrc.co.nz/people/chris-rowe/) - Christine (Chris) Rowe is a Fellow of AMINZ, and a member of the AMINZ Mediation Panel and Elder Mediation List. She is in private practice through her company Corporate Dynamics Ltd which since 1995 has provided a range of mediation, employment relations advisory services, and other business consulting services predominantly in the Auckland region of
- [John Larmer](https://nzdrc.co.nz/people/john-larmer/) - An arbitrator, conciliator and mediator with rural specialization being a registered valuer and primary industry consultant with over 40 years experience. Established the firm of Larmers in 1973 and merged with the national TelferYoung Group in 2000. Following 10 years with TelferYoung set up in independent practice again in April 2010 being sole director of
- [John Green](https://nzdrc.co.nz/people/john-green/) - John is a professional arbitrator, adjudicator and mediator based in Auckland, New Zealand. He has been appointed in more than 1,250 building, construction and infrastructure disputes over the past 30 years relating to residential, commercial and industrial construction projects, power stations, gas fields, manufacturing and processing plants, stadiums, hotels, land subdivisions, roading, railways, wharves, marinas,
- [Scott Galloway](https://nzdrc.co.nz/people/scott-galloway/) - Scott Galloway is a partner at Hazelton Law in Wellington and specialises in the fields of construction and insurance law. Scott has extensive experience acting as counsel for parties in relation to claims regarding defective work and design, weathertightness issues, tender issues, claims brought by apartment owners and disputes for professional bodies. Scott is the
- [Ranald Gordon](https://nzdrc.co.nz/people/ranald-gordon/) - Career Summary 1974-1978 Appraiser Rural Banking & Finance Corporation, Hamilton 1978-1986 Appraiser Rural Banking & Finance Corporation, New Plymouth 1986-2006 Associate Staples Rodway Stratford – Registered Public Valuer, Farm Management consultant and arbitrator 2006-2012-General Manager Land Assets PKW Incorporation 2102-2015- Assets Manager PKW Appointments Tribunal member MAF Appeals Committee Agricultural Recovery programme – Lower North
- [Dr. Gaye Greenwood](https://nzdrc.co.nz/people/dr-gaye-greenwood/) - Gaye was initially trained by LEADR in 1998 then completed the Massey Grad Dip Bus Studs (Dispute Resolution). She began practicing facilitation and mediation in 2000. Her focus is on the early resolution of disputes with the goal of preserving reputations, protecting business and interpersonal relationships, and, saving time and money for parties in dispute.
- [Deborah Clapshaw](https://nzdrc.co.nz/people/deborah-clapshaw/) - Deborah Clapshaw is a barrister working exclusively as a private mediator in commercial and interpersonal disputes since 1994. She is on a number of statutory mediation panels including the Weathertight Homes Resolution Service (which she has been on since its inception in 2003), the Domain Names Commission and is an accredited FDR provider. She has
- [Lauren Lindsay](https://nzdrc.co.nz/people/lauren-lindsay/) - Lauren is a generalist commercial litigator and international arbitration practitioner. Lauren is known as someone who gets into the “technical and scientific details”, is “incredibly well-organised” and can be “trusted to do anything well” (Chambers UK (2017), International Arbitration, Client Feedback). Lauren grew up in Vanuatu, in the South West Pacific, a French-British condominium. She obtained
- [Lesley Ashworth](https://nzdrc.co.nz/people/lesley-ashworth/) - Lesley’s background is in law, both private practice and then as a legal advisor on employment matters in a Government Department. She trained as a mediator in the late 1990’s and as a Restorative Justice facilitator, providing facilitated meetings to offenders and offence victims. Lesley worked as a mediator for the Human Rights Commission for a
- [Professor Doug Jones](https://nzdrc.co.nz/people/professor-doug-jones/) - Professor Doug Jones AO is a leading independent arbitrator with over 40 years’ prior experience as an international infrastructure and disputes projects lawyer. Acting for owners (in both the government and private sector), financiers, contractors, consultants and subcontractors, Doug has advised extensively on major projects in the areas of project structuring and financing, telecommunications, buildings,
- [Hon. Paul Heath KC](https://nzdrc.co.nz/people/hon-paul-heath-kc/) - The Hon Paul Heath QC’s principal areas of expertise are dispute resolution, (primarily arbitration), commercial law, company law, insolvency law, equity, trusts and legal issues affecting Māori. He studied law at the University of Auckland, graduating LLB in 1978, and was admitted to the Bar later that year. During his time in practice, he appeared
- [Warwick Smithpaul](https://nzdrc.co.nz/people/warwick-smith/) - Warwick Smith is an arbitrator and mediator with over 40 years of experience in the litigation and dispute resolution industry. His professional experience includes a wide array of civil and commercial dispute resolution work – initially as an advocate, and later as an arbitrator, tribunal member, mediator and settlement conference convenor, and judge. He graduated
- [Polly Pope](https://nzdrc.co.nz/people/polly-pope/) - Polly is a barrister and arbitrator at Bankside Chambers in Auckland and at Bankside Singapore. Polly joined the independent bar after over a decade as a partner in pre-eminent commercial law firm Russell McVeagh, including a term as Chair of the Partnership. As an arbitrator, Polly has been appointed to both domestic and international commercial
- [Hon. Sir William Young](https://nzdrc.co.nz/people/hon-sir-william-young/) - Following his return from the University of Cambridge in 1978, William joined RA Young Hunter and Co. He commenced practice as a barrister in 1988, becoming a Queen’s Counsel in 1991. He was appointed to the High Court in 1997 and then to the Court of Appeal in 2004. He was President of the latter
- [Ian Nosworthy](https://nzdrc.co.nz/people/ian-nosworthy/) - Ian Nosworthy is an experienced barrister, arbitrator and mediator from South Australia, who practices nationally and internationally in litigation, arbitration and mediation, particularly in construction, engineering, commercial and insurance disputes. He is a past President of IAMA of which he is a Life Fellow. He is a grade one arbitrator and a Nationally Accredited Mediator,
- [Hon. Sir John Hansen](https://nzdrc.co.nz/people/hon-sir-john-hansen/) - Qualifications: Solicitor of the Supreme Court of New Zealand. Barrister of the Supreme Court of New Zealand. Barrister and Solicitor, Supreme Court of Western Australia (16 August, 1985). LEADR Advanced Mediation Course. 1966 Clerk, Collier & Taylor, Barristers & Solicitors, Dunedin, New Zealand . 1967 Solicitor, Aspinall, Joel & Co., Barristers & Solicitors, Dunedin, New
- [Mark Ritchie](https://nzdrc.co.nz/people/mark-ritchie/) - Mark is a litigator, licensed in Texas and Washington, D.C., with two decades of experience primarily in the areas of commercial litigation, tort, and appellate practice. He is a Fellow of the Chartered Institute of Arbitrators, a public arbitrator for the Financial Industry Regulatory Authority (FINRA), a panelist for the Asian International Arbitration Centre (formerly
- [John Carter](https://nzdrc.co.nz/people/john-carter/) - John completed his LLB (Hons) degree in 1967 and within a year was a partner of McElroy Duncan & Preddle. In the 1980s that firm merged with four other firms to create McElroy Milne and then McElroy Morrison. John was Managing Partner of McElroy Milne for 4 years in total and served on the executive
- [Graeme Christie](https://nzdrc.co.nz/people/graeme-christie/) - Graeme is a construction law partner in the commercial litigation group. He acts for national and international clients on all forms of dispute resolution. He conducts arbitrations, and regularly appears in the High Court and Court of Appeal. He has also appeared in the Fijian Court of Appeal and the Court of Appeal for the
- [Dr. Stephen Lee](https://nzdrc.co.nz/people/dr-stephen-lee/) - Stephen is a Barrister, Arbitrator and Mediator. He has practised at the Queensland Bar for over 20 years, and is a member of the Bars of England and Wales and New York. Stephen is graded as an Arbitrator with the Resolution Institute in Australia, is a member of the KLRCA Panel of Arbitrators and Mediators,
- [Dr. Anna Kirk](https://nzdrc.co.nz/people/dr-anna-kirk/) - Anna is a barrister at Bankside Chambers. She has extensive experience in commercial and investment arbitration, having practised in arbitration exclusively for more than a decade. She has been involved in several ad hoc arbitrations, as well as arbitrations under many of the leading institutional rules. Anna has significant experience in commercial disputes, including contract,
- [Alan Wein](https://nzdrc.co.nz/people/alan-wein/) - Alan Wein is a lawyer, expert mediator and business entrepreneur. He was the co-founder and 50% owner in the House franchise concept of homeware stores that operated throughout Australia. Alan sold his interest in the company in 2000. Alan was Chair of the first ever Ministerial Small Business Advisory Council in Victoria. He was also
- [Albert Monichino KC](https://nzdrc.co.nz/people/albert-monichino-kc/) - Albert practises as a barrister, arbitrator and mediator, and is based in Melbourne, Australia. He has over 25 years experience. He is a Chartered Arbitrator and is accredited as an advanced mediator. He was appointed Senior Counsel in 2010. Areas of Practice He has a general commercial litigation practice in the superior Court of Australia,
- [Hon. David Byrne KC](https://nzdrc.co.nz/people/hon-david-byrne-kc/) - 1963 Admitted to practise as Barrister and Solicitor of Supreme Court of Victoria. 1965 Signed the Victorian Bar Roll. 1971-1973 Acting Chairman Town and Country Planning Appeals Tribunal. Member of Board of Examiners, Legal Professional Practice Act 1958. 23 Sept 1973 Admitted to practise as a barrister in New South Wales and subsequently in the
- [Victoria Whitfield](https://nzdrc.co.nz/people/victoria-whitfield/) - Victoria Whitfield is a Barrister & Solicitor specialising in civil litigation and construction law. Prior to establishing her own practice, Victoria worked for leading law firms in both Auckland and Hamilton. Victoria has worked closely with the Construction Contracts Act 2002, providing advice to homeowners, builders and subcontractors, and has been involved in a number
- [Hayden Wilson](https://nzdrc.co.nz/people/hayden-wilson/) - Hayden is a specialist commercial mediator. He trained both in New Zealand and in the United States (Pepperdine University and Harvard University), and builds on his extensive experience as a litigator at Kensington Swan to help parties resolve complex civil, commercial and regulatory disputes. He frequently works as a mediator at the interface between the
- [Graeme Little SC](https://nzdrc.co.nz/people/graeme-little-sc/) - In over 44 years as a barrister Graeme has appeared in a large number of cases in areas as diverse as franchise agreements, community titles existing within the Torrens title system, misrepresentation on the sale of businesses, actions between financial services providers and the Financial Ombudsman Service, claims for prerogative relief in the Superior Courts
- [John Pringle](https://nzdrc.co.nz/people/john-pringle/) - John is an experienced Lawyer and Mediator having been in practice for 35 years. He has specific experience in all areas of family law including separation, care of children and relationship property disputes. John also has a significant property and commercial law practice and is therefore able to carry out mediations in this area. John is
- [Khory Mccormick](https://nzdrc.co.nz/people/khory-mccormick/) - Khory is a formidable strategist, negotiator and litigator across multiple legal disciplines. He provides wide-ranging issues management and conflict advice to corporate and government decision-makers at the highest levels. He draws upon 35 years of practice spanning all aspects of commercial activity in diverse industry sectors. He brings broad and deep expertise to complex litigation
- [Marian Shore](https://nzdrc.co.nz/people/marian-shore/) - Marian is a Resolution Institute accredited mediator (including Family Dispute Resolution), a Ministry of Justice accredited Restorative Justice Facilitator (including Family Violence) and a ‘Parenting Through Separation’ tutor. By using her mediation, coaching and mentoring skills, she has assisted many people resolve differences and guide them to resolve their own issues in the future. She
- [Jeremy Johnson](https://nzdrc.co.nz/people/jeremy-johnson/) - Jeremy is a Partner at Wynn Williams and is an experienced litigator and dispute resolution specialist. He has particular expertise in arbitration, commercial, insolvency, equity and trust law. Jeremy has offices in both Christchurch and Auckland. Jeremy is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand for Arbitration; he is the youngest
- [Nic Scampion](https://nzdrc.co.nz/people/nic-scampion/) - Nic is a barrister, practising in civil and commercial litigation and employment law. He practises from Shortland Chambers in Auckland and is an associate member of Tanfield Chambers in London. Nic is an accredited (CEDR) mediator. (CEDR is the largest conflict management and resolution consultancy in the world and the leading independent commercial ADR provider
- [Melanie O'Neill](https://nzdrc.co.nz/people/melanie-oneill/) - Melanie studied law at Canterbury University, obtaining a law degree with honours in 1990. Admitted to the Bar in 1991, Melanie worked for first tier national law firm Minter Ellison in Auckland in the early 1990’s, at the same time obtaining a master’s degree in commercial law with honours from Auckland University in 1993. Melanie
- [Matthew Finn](https://nzdrc.co.nz/people/matthew-finn/) - Matthew is a Managing Director in the Global Construction Practice based in London, formerly of Navigant, acquired by Ankura in 2018. He has experience in claims preparation/avoidance, arbitration, adjudication, mediation and quantum expert witness appointments in building, civil engineering, nuclear, rail, oil & gas and building services. Matthew is an adjudicator and arbitrator and sits
- [Peter Megens](https://nzdrc.co.nz/people/peter-megens/) - Peter Megens was a Partner in the Melbourne office of Mallesons Stephen Jaques (now King and Wood Mallesons) where he specialized in construction, dispute resolution, litigation, arbitration and mediation, energy and natural resources, infrastructure and project structuring and in particular international and domestic arbitration. On retiring from that firm he joined the USA firm of
- [Albert Yeu](https://nzdrc.co.nz/people/albert-yeu/) - Chartered civil engineer and chartered project management surveyor with extensive experience in design and construction of tunnel, bridge, highway, water and flood prevention scheme in Hong Kong. Experienced in consultancy procurement and tendering for a variety of construction contracts. Accredited NEC3 ECC Project Manager. Experienced with NEC3 ECC, remeasurement type, works order type, lump sum
- [Andrew Hazelton](https://nzdrc.co.nz/people/andrew-hazelton/) - Andrew has over 25 years professional experience in construction and engineering law. He was admitted Barrister & Solicitor of New Zealand High Court in 1995 and a Solicitor Supreme Court of England & Wales 1990. He holds and MSc (Construction Law and Arbitration) from Kings College, London and is a Fellow of AMINZ, being awarded
- [Anthony Willy](https://nzdrc.co.nz/people/anthony-willy/) - Professional career: 1964-1972; Barrister and Solicitor specialising in commercial litigation. 1972-1985; Barrister sole Christchurch specialising in commercial litigation, and arbitration. Lecturer in law University of Canterbury. Moderator for New Zealand of law papers. 1985-2003; District Court Judge specialising in civil and commercial cases. Judge of The Environment Court. Judge of the Land Valuation Court. Accident
- [Claire Thompson](https://nzdrc.co.nz/people/claire-thompson/) - Claire is an experienced mediator and counsellor specialising in workplace relationships. She has worked with small to large employers with workplace disputes aiding them to resolve disputes. Claire has a special interest in workplace bullying, team dysfunction and relationship breakdowns. Claire’s experience includes conducting investigations, facilitating meetings and mediating. Claire has 10 years’ experience working
- [Darren Rawlins](https://nzdrc.co.nz/people/darren-rawlins/) - Darren spent over 20 years as a litigator in London and now practises as a mediator based in Auckland. Darren is an associate member of AMINZ, and is FDR accredited. In the UK Darren regularly appeared in the High Court, he has conducted cases before the Court of Appeal and in the Supreme Court. He
- [Derek Firth](https://nzdrc.co.nz/people/derek-firth/) - Head of the Energy and Construction Law Department at Simpson Grierson until 1995; then practicing as a commercial barrister as an arbitrator and adjudicator, principally dealing with construction disputes. Also engaged as an independent advisor to the Engineer to the Contract on a number of projects; and as the sole Dispute Board in World Bank
- [Gordon Smith](https://nzdrc.co.nz/people/gordon-smith/) - Gordon is an accomplished international commercial disputes lawyer and arbitrator, with an emphasis on engineering, resource, energy, and construction insurance matters throughout Asia-Pacific. He is admitted as a barrister and solicitor in Western Australia, and was an English admitted solicitor between 2002 and 2012. Gordon holds a Bachelor of Laws (First Class Honours) (1995) and
- [Yves-Louis Sage](https://nzdrc.co.nz/people/yves-louis-sage/) - Dr Yves-Louis Sage, born in France, hold a LLB, a LLM and a PhD from the Law school of the University of Grenoble (France), a LLM from Tulane Law School and the accreditation to supervise research (Habilitation à Diriger des Recherches, HDR) from the University of Paris I (Sorbonne). He is a professor at the
- [Victor Smith](https://nzdrc.co.nz/people/victor-smith/) - Victor is recognised as one of the leading arbitrators in Thailand. He graduated from Kingston Polytechnic with a BSc Degree in Quantity Surveying and from Northumbria University with an LLM in International Commercial Law (Distinction). He also holds a Post Graduate Diploma in Arbitration from Reading College of Estate Management and a Diploma in International
- [Russell Thirgood](https://nzdrc.co.nz/people/russell-thirgood/) - Russell Thirgood is an independent international arbitrator based in Brisbane, with an office in London and Washington DC. He is a full member of Int-Arb Arbitrators & Mediators after previously spending 23 years at McCullough Robertson Lawyers where he was a senior construction law partner and head of arbitration. As arbitrator, he takes a modern
- [Royden Hindle](https://nzdrc.co.nz/people/royden-hindle/) - Royden is an experienced commercial arbitrator, adjudicator and mediator. He was a litigation partner at Simpson Grierson before moving to the bar in 1996. He became an AMINZ Fellow in 2001, and was awarded the Sir Ronald Davison Award for excellence in Award Writing in the 2001 Fellowship Assessment Programme. Between 2002 and 2011 Royden
- [Rashda Rana](https://nzdrc.co.nz/people/rashda-rana/) - Rashda is a barrister who has worked at the Bar in London and also in various states in Australia and in the Asia Pacific region, notably Hong Kong, Singapore, Malaysia and China, for the past 23 years. Most recently she was the General Counsel for Lend Lease Project Management & Construction, one of the world’s
- [Hon. Raynor Asher](https://nzdrc.co.nz/people/hon-raynor-asher/) - Raynor practices in the area of alternative dispute resolution and the giving of advice. He specialises in arbitration and mediation. He graduated BA, LLB (Hons) in 1972 and LLM from UC (Berkeley), where he studied as a US Harkness Fellow. He was a partner in the firm now known as Kensington Swan, and in 1986
- [Penny Mudford](https://nzdrc.co.nz/people/penny-mudford/) - Penny Mudford is an arbitrator, mediator and conciliator, based in Wellington. She is a Fellow (Arbitration) of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) and a former chief executive of AMINZ. She is on the AMINZ panel of mediators, the NZDRC panels for arbitration and mediation, the Domain Name Commission mediation panel, and
- [Nicole Smith](https://nzdrc.co.nz/people/nicole-smith/) - Nicole Smith is a Barrister practising in New Zealand. She is also a solicitor (admitted in England and Wales) acting as a consultant to Keystone Law (UK). She specialises in arbitration and dispute resolution, sitting as an arbitrator and also acting as an advocate. She has experience in all fields of commercial disputes including disputes
- [Hon. Robert Fisher KC](https://nzdrc.co.nz/people/hon-robert-fisher-kc/) - Robert Fisher KC, LLD, FAMINZ was a High Court Judge for 15 years in the course of which he was a Chair of the Rules Committee, Auckland Executive Judge, Judge in charge of Commercial List, and divisional member of the Court of Appeal. Since 2004 he has been in full-time practice as an arbitrator, mediator
- [Hon. Rodney Hansen KC](https://nzdrc.co.nz/people/hon-rodney-hansen-kc/) - Rodney completed his LLB (Hons) degree at the University of Auckland, receiving the Auckland Law Society Prize for the best undergraduate record. He also qualified as an accountant, becoming an Associate Chartered Accountant in 1969. From 1973 to 1991 he practised with Simpson Grierson and predecessor firms. He joined Shortland Chambers as a barrister sole
- [Hon. Sir Hugh Williams KC](https://nzdrc.co.nz/people/hon-sir-hugh-williams-kc/) - Justice Hugh Williams served as a Master (now Associate Judge) of the High Court from 1989 to 1993. He was appointed a Judge of the High Court in 1995 and served as Senior Puisne Judge 2008-2009. During that period he also served as Acting Chief High Court Judge. He has been a Commercial List Judge
- [Mark Colthart](https://nzdrc.co.nz/people/mark-colthart/) - Mark was admitted to the bar in 1994, and has over 24 years’ experience in civil and commercial litigation. He has particular expertise in commercial arbitration, building and construction law, and land and property disputes. Since he was admitted to the bar in 1994 Mark has appeared in all of the major Courts and Tribunals
- [Daniel Kalderimis](https://nzdrc.co.nz/people/daniel-kalderimis/) - Daniel is a Chapman Tripp partner. He appears regularly in arbitrations, mediations and commercial litigation, and leads the firm’s international arbitration practice. Daniel is New Zealand’s national correspondent to the United Nations for the New York Convention and the UNCITRAL Model Law, is featured in the International Who’s Who of Commercial Arbitration, and is a
- [David Levin KC](https://nzdrc.co.nz/people/david-levin-kc/) - David Levin KC is a member of the Victorian Bar, having obtained his university degree at Cambridge and practised as a barrister there until 1977. He has been a barrister for more than 35 years and a KC for more than a decade. He practices generally in the construction area and has been involved in
- [Dr. Simon Foote KC](https://nzdrc.co.nz/people/dr-simon-foote-kc/) - Simon was admitted to the bar in 1993 and has practiced as a barrister sole since 2002, taking silk in 2020. He has a wide range of experience including five years as a litigator at Russell McVeagh, two years with the International Arbitration Team at Clifford Chance in London, three years as a Crown Prosecutor
- [George Golvan KC](https://nzdrc.co.nz/people/george-golvan-kc/) - George H. Golvan is a King’s Counsel who holds degrees in law and jurisprudence from Monash University, Melbourne, and the degree of Juris Doctor (J.D.) from Arizona State University, (USA). Mr. Golvan practises in the areas of Building and Construction Law, Commercial Arbitration, Commercial Tenancy, Banking and Insurance, and General Commercial and Corporate Law. Mr.

## Categories

- [General](https://nzdrc.co.nz/category/general/)
- [Arbitration](https://nzdrc.co.nz/category/arbitration/)
- [Mediation](https://nzdrc.co.nz/category/mediation/)
- [Conflict Management](https://nzdrc.co.nz/category/conflict-management/)
- [Arb-Med](https://nzdrc.co.nz/category/arb-med/)
- [Adjudication](https://nzdrc.co.nz/category/adjudication/)
- [Expert Determination](https://nzdrc.co.nz/category/expert-determination/)

## Tags

- [arbitration](https://nzdrc.co.nz/tag/arbitration/)
- [ai](https://nzdrc.co.nz/tag/ai/)
- [tech](https://nzdrc.co.nz/tag/tech/)
- [dispute resolution](https://nzdrc.co.nz/tag/dispute-resolution/)
- [high court](https://nzdrc.co.nz/tag/high-court/)
- [catherine green](https://nzdrc.co.nz/tag/catherine-green/)
- [commercial lease](https://nzdrc.co.nz/tag/commercial-lease/)
- [grocery dispute](https://nzdrc.co.nz/tag/grocery-dispute/)
- [grocery code](https://nzdrc.co.nz/tag/grocery-code/)
- [dispute](https://nzdrc.co.nz/tag/dispute/)
- [cross lease consent](https://nzdrc.co.nz/tag/cross-lease-consent/)
- [reasonably withheld consent](https://nzdrc.co.nz/tag/reasonably-withheld-consent/)
- [cross lease disputes NZ](https://nzdrc.co.nz/tag/cross-lease-disputes-nz/)
- [Liow v Martelli](https://nzdrc.co.nz/tag/liow-v-martelli/)
- [property disputes NZ](https://nzdrc.co.nz/tag/property-disputes-nz/)
- [neighbour consent cross lease](https://nzdrc.co.nz/tag/neighbour-consent-cross-lease/)

## Guides & Resource Type

- [Briefings](https://nzdrc.co.nz/guides-resource-type/briefings/)
- [Legal Frameworks](https://nzdrc.co.nz/guides-resource-type/legal-frameworks/)
- [Templates](https://nzdrc.co.nz/guides-resource-type/templates/)
- [Protocol](https://nzdrc.co.nz/guides-resource-type/protocol/)

## Dispute Type

- [Arbitration](https://nzdrc.co.nz/dispute-type/arbitration/)
- [Expert Determination](https://nzdrc.co.nz/dispute-type/expert-determination/)
- [Arb-Med](https://nzdrc.co.nz/dispute-type/arb-med/)
- [Mediation](https://nzdrc.co.nz/dispute-type/mediation/)
- [Early Neutral Evaluation](https://nzdrc.co.nz/dispute-type/early-neutral-evaluation/)

## Content Type

- [Article](https://nzdrc.co.nz/content-type/article/)
- [Press Release](https://nzdrc.co.nz/content-type/press-release/)

## Genders

- [Male](https://nzdrc.co.nz/genders/male/)
- [Female](https://nzdrc.co.nz/genders/female/)

## Expertises

- [Building and Construction](https://nzdrc.co.nz/expertises/building-and-construction/)
- [Commercial](https://nzdrc.co.nz/expertises/commercial/)
- [Competition](https://nzdrc.co.nz/expertises/competition/)
- [Franchising](https://nzdrc.co.nz/expertises/franchising/)
- [Intellectual Property](https://nzdrc.co.nz/expertises/intellectual-property/)
- [Trusts](https://nzdrc.co.nz/expertises/trusts/)
- [Banking and Finance](https://nzdrc.co.nz/expertises/banking-and-finance/)
- [Employment](https://nzdrc.co.nz/expertises/employment/)
- [Environmental](https://nzdrc.co.nz/expertises/environmental/)
- [Financial Services](https://nzdrc.co.nz/expertises/financial-services/)
- [Shareholder and Securities](https://nzdrc.co.nz/expertises/shareholder-and-securities/)
- [Insurance](https://nzdrc.co.nz/expertises/insurance/)
- [Property and Property Planning](https://nzdrc.co.nz/expertises/property-and-property-planning/)
- [RMA (Resource Management Act)](https://nzdrc.co.nz/expertises/rma-resource-management-act/)
- [Administrative/Public Sector](https://nzdrc.co.nz/expertises/administrative-public-sector/)
- [Real Estate](https://nzdrc.co.nz/expertises/real-estate/)
- [Wills and Estates](https://nzdrc.co.nz/expertises/wills-and-estates/)
- [Consumer](https://nzdrc.co.nz/expertises/consumer/)
- [Health and Safety](https://nzdrc.co.nz/expertises/health-and-safety/)
- [Information Technology](https://nzdrc.co.nz/expertises/information-technology/)
- [Medical and Life Sciences](https://nzdrc.co.nz/expertises/medical-and-life-sciences/)
- [Energy](https://nzdrc.co.nz/expertises/energy/)
- [Oil and Gas](https://nzdrc.co.nz/expertises/oil-and-gas/)
- [Valuation](https://nzdrc.co.nz/expertises/valuation/)
- [Human Rights](https://nzdrc.co.nz/expertises/human-rights/)
- [Maritime](https://nzdrc.co.nz/expertises/maritime/)
- [Mining](https://nzdrc.co.nz/expertises/mining/)
- [Treaty](https://nzdrc.co.nz/expertises/treaty/)
- [Bankruptcy and Liquidation](https://nzdrc.co.nz/expertises/bankruptcy-and-liquidation/)
- [Sport](https://nzdrc.co.nz/expertises/sport/)
- [Tax](https://nzdrc.co.nz/expertises/tax/)
- [International Trade](https://nzdrc.co.nz/expertises/international-trade/)
- [Aviation](https://nzdrc.co.nz/expertises/aviation/)
- [Agriculture](https://nzdrc.co.nz/expertises/agriculture/)
- [Rural Property](https://nzdrc.co.nz/expertises/rural-property/)

## Processes

- [Arbitration](https://nzdrc.co.nz/processes/arbitration/)
- [Arb-Med](https://nzdrc.co.nz/processes/arb-med/)
- [Mediation](https://nzdrc.co.nz/processes/mediation/)
- [Expert Determination](https://nzdrc.co.nz/processes/expert-determination/)
- [Early Neutral Evaluation](https://nzdrc.co.nz/processes/early-neutral-evaluation/)
- [Commercial Lease Arbitration](https://nzdrc.co.nz/processes/commercial-lease-arbitration/)
- [Commercial Lease Mediation](https://nzdrc.co.nz/processes/commercial-lease-mediation/)
- [Conflict Management](https://nzdrc.co.nz/processes/conflict-management/)

## Disputes

- [Property](https://nzdrc.co.nz/dispute/property/)
- [Family and Relationship](https://nzdrc.co.nz/dispute/family-and-relationship/)
- [Building and Construction](https://nzdrc.co.nz/dispute/building-and-construction/)
- [Commercial](https://nzdrc.co.nz/dispute/commercial/)
- [Employment](https://nzdrc.co.nz/dispute/employment/)
- [Financial Services](https://nzdrc.co.nz/dispute/financial-services/)
- [Insurance](https://nzdrc.co.nz/dispute/insurance/)
- [International](https://nzdrc.co.nz/dispute/international/)
- [Intellectual Property](https://nzdrc.co.nz/dispute/intellectual-property/)
- [ICT](https://nzdrc.co.nz/dispute/ict/)
- [Trusts](https://nzdrc.co.nz/dispute/trusts/)
- [Consumer](https://nzdrc.co.nz/dispute/consumer/)
- [Shareholder](https://nzdrc.co.nz/dispute/shareholder/)
- [Jurisdiction](https://nzdrc.co.nz/dispute/jurisdiction/)
- [Cryptocurrency](https://nzdrc.co.nz/dispute/cryptocurrency/)
- [Artificial Intelligence](https://nzdrc.co.nz/dispute/artificial-intelligence/)