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Arbitration Rules Overview

Arbitration Rules Overview

At BDT, we understand the importance of resolving disputes in a manner that is swift, fair, and cost-effective. Our innovative Arbitration Rules are designed with these principles in mind. They offer a robust, yet flexible framework for disputes of all scales and complexities.
Whether your dispute involves a claim greater than NZ$2.5M, or less than NZ$10,000, or you are seeking declaratory relief, we have the right arbitration rules to meet your needs.
Don't let disputes slow down your progress. Choose BDT's Arbitration Rules for a resolution that is as fair, prompt, and proportionate.
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BDT has developed a suite of Arbitration Rules to give parties a choice of fully administered procedures that are fair, prompt and cost effective, and proportionate to the amounts in dispute and the complexity of the issues involved.

Unless otherwise agreed by the Parties in writing, for an arbitration administered under BDT’s Rules, the Standard Arbitration Rules will apply to all arbitrations in which the claim is for an amount greater than or equal to NZ$2.5M.

Where the claim is for an amount less than $2.5M, or the Claimant is seeking declaratory relief only, the Arbitration will be governed by the relevant BDT Expedited Arbitration Rules, namely:

  • where the claim is for an amount less than NZ$250,000, or the Parties are seeking declaratory relief only, the BDT ECA45 Arbitration Rules will apply;
  • where the claim is for an amount greater than or equal to NZ$250,000 and less than NZ$1.0M, the BDT ECA60 Arbitration Rules will apply; and
  • where the claim is for an amount greater than or equal to NZ$1.0M and less than NZ$2.5M, the BDT ECA90 Arbitration Rules will apply.

For more information on each of these options and to access a copy of the relevant Rules, please select from the below:

Whilst we would encourage all parties to arbitration proceedings to adopt the BDT Arbitration Rules, BDT also acts regularly to appoint arbitrators and administer arbitrations conducted pursuant to the Arbitration Act 1996. The adoption of the BDT Arbitration Rules is not a prerequisite to accessing these appointment and administration services provided through the BDT Registry.

Key features of BDT's suite of Arbitration Rules

Standard Rules
ECA45 Rules
ECA60 Rules
ECA90 Rules
Which Rules by default?
Claims greater than or equal to NZ$2.5M
Claims less than NZ$250,000, or for declaratory relief only
Claims greater than or equal to NZ$250,000 and less than NZ$1.0M
Claims greater than or equal to NZ$1.0M and less than NZ$2.5M*

*or where the Arbitral Tribunal determines the matter to be of exceptional urgency (Rule 1.4 Standard Rules)
Can a Claimant initiate a single Arbitration in relation to more than one contract?
Yes
Yes
Yes
Yes
Is the fixed fee arbitration service available?
No
Yes
No
No
Are the Arbitral Tribunal’s fees capped?
Yes
Yes
Yes
Yes
How long does the process take from appointment to the Award on all substantive matters?
Within such time as agreed by the parties or determined by the arbitral tribunal.
The Objective is to make a final award in respect of the substantive issues within 45 working days.
The Objective is to make a final award in respect of the substantive issues within 60 working days.
The Objective is to make a final award in respect of the substantive issues within 90 working days.
Can a Party apply for an Interim Measure/Preliminary Order?
Yes
Yes
Yes
Yes
Can a Party apply for an Interim Measure on an urgent basis?
Yes
Yes
Yes
Yes
Can a Party apply to join another party?
Yes
No
No
No
Is there a hearing?
Yes, unless agreed by the parties, there is a hearing at the Arbitral Tribunal’s discretion.
No. Although the Arbitral Tribunal may exercise its discretion to convene a conference if necessary.
Unless agreed by the parties, at the Arbitral Tribunal’s discretion but limited to 3 days.
Unless agreed by the parties, at the Arbitral Tribunal’s discretion but limited to 5 days.
Is there provision for a visit or inspection of the relevant location, subject matter, property, goods at issue?
Yes, at the Arbitral Tribunal’s discretion.
Yes, at the Arbitral Tribunal’s discretion.
Yes, at the Arbitral Tribunal’s discretion.
Yes, at the Arbitral Tribunal’s discretion.
Are the Arbitral Tribunal’s Awards subject to scrutiny by BDT before being issued?
Yes
Yes
Yes
Yes
Is there a right of appeal on a question of law?
On an ‘opt in’ basis only. The Parties may agree that any appeal on a question of law may be made to the AMINZ Arbitration Appeals Tribunal.
No
No
No