Before completing the Notice of Arbitration, please carefully read these guidance notes.
This Notice of Arbitration is to be used where the Parties to the dispute have previously agreed to refer any dispute to Arbitration under the BDT Arbitration Rules, typically by including the BDT Arbitration Model Clause in their agreement/contract.
Where Parties have not previously agreed to refer any dispute to Arbitration under the BDT Arbitration Rules, they must execute an Arbitration Agreement in the form found at Appendix 2 to the BDT Arbitration Rules to proceed.
Parties who execute an Arbitration Agreement in the form found at Appendix 2 to the BDT Arbitration Rules do not need to complete and serve this Notice of Arbitration, and can immediately apply for the appointment of the Arbitral Tribunal using BDT’s online application form.
Set out the full names and contact details for each of the Parties and their Representatives, including a current email address for each as that will be the primary means of communication used by the Registry.
Ensure that you correctly name/identify any Party. For example, the contract is full and correct legal Company name – not its trading name it may use or the name of any individual you have been dealing with. If the contract is with a ‘trust’, name each of the trustees in their capacity as trustees of the trust as the Party to the Arbitration proceeding ie, A and B as trustees of the XYZ trust.
Ensure that all relevant Parties (and their Representatives, where they are known) are named and included in the Notice of Arbitration.
If there are multiple Parties adjust this template to provide details for each Party.
Specify:
(a) the Arbitration Agreement that is being invoked; and
(b) the contract, legal instrument or relationship out of, or in relation to which, the dispute arises.
The Parties must have agreed to arbitrate under the BDT Arbitration Rules. It is essential to have a duly executed Arbitration Agreement before you proceed.
 The following BDT clause (or similar) maybe included in the contracts:
If so, all that is required is to attach a copy of the clause and a copy of the execution page of the contract to the Notice of Arbitration.
NOTE: Otherwise, if the Parties have not incorporated the BDT Model Arbitration Clause into a prior agreement they can refer the dispute to Arbitration under the BDT Arbitration Rules by signing the Arbitration Agreement at Appendix 2 to the Rules. After executing that agreement, the Parties can immediately apply for the appointment of an Arbitral Tribunal using BDT’s online application form. There is no need to complete this Notice of Arbitration.
Set out a summary of the dispute. Sufficient information must be given so that every other Party and BDT are informed of the nature of the dispute and the issues that will be raised in the Arbitration proceeding.
This information assists BDT where it is required to selecting and appointing an arbitrator under the Rules.
Specify the relief or remedy that you seek ie, the payment of money or declaratory relief.
This enables every other Party to be clear of what the Claimant is seeking, and the Respondent to understand the scope and nature of the claim(s) made against it by the Claimant in the Arbitration proceeding.
You may specify the name and details of any person you propose to act as an arbitrator, or the experience/expertise that you consider would be necessary/helpful for an arbitrator to have.
It is not essential that you propose anyone to act as an arbitrator, or for the Parties to try and agree on the composition of the Arbitral Tribunal. BDT’s Registrars are experienced in selecting and appointing arbitrators, and in the vast majority of cases, BDT will select and appoint the Arbitral Tribunal.
The Claimant may apply to BDT to appoint the Arbitral Tribunal by completing an Application for Arbitration ten working days after the date of service of the Notice of Arbitration on every other Party, or earlier if the Parties have agreed on a nominee or the Parties have signed the Arbitration Agreement in the form found at Appendix 2 to the BDT Arbitration Rules, The Application must include:
(a) the Arbitration Agreement;
(b) the Notice of Arbitration (if applicable);
(c) any document recording the Parties’ agreement as to the composition of the Arbitral Tribunal, or, where no agreement has been reached:
i. any proposal as to the composition of the Arbitral Tribunal, and if it exists, any response to that proposal; and
ii. any document recording the Parties’ agreement as to the preferred expertise of the Arbitral Tribunal, or where no agreement has been reached, any proposal as to the preferred expertise of the Arbitral Tribunal and, if it exists, any response to that proposal.
If you have any questions or concerns regarding your legal rights and obligations, we strongly recommend that you take independent legal advice from a lawyer experienced in arbitration.
We suggest you try NZLS’ Find a Lawyer to locate someone who is able to provide the advice you require: http://www.lawsociety.org.nz/for-the-community/find-lawyer-and-organisation.
[CLAIMANT] hereby gives written notice of its intention to refer a dispute with [RESPONDENT] to Arbitration in accordance with the Arbitration Rules of the Building Disputes Tribunal.
First Party: | Attention:
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Address for service: | ||
Phone: | ||
Email: | ||
Representative: | ||
Name of firm: | ||
Address: | ||
Phone:
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Email: | ||
Second Party: | Attention:
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|---|---|---|
Address for service: | ||
Phone: | ||
Email: | ||
Representative: | ||
Name of firm: | ||
Address: | ||
Phone:
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Email: | ||
The dispute has arisen out of, or in relation to, [name the contract, legal instrument or relationship out of, or in relation to which, the dispute arises].
The parties’ agreement to arbitrate under the BDT Arbitration Rules is [identify the Arbitration Agreement].
(Copy of Arbitration Agreement attached)
[Set out a brief description of the nature of the dispute]
[CLAIMANT]Â seeks the following relief or remedy:
[CLAIMANT]Â makes the following proposal regarding the identity and/or experience or expertise of the Arbitral Tribunal:
Dated this | Day of | (month) | (year) |
Signed |
Name |
Click the link below to download our comprehensive guide and template.
