ARB-MED AGREEMENT

By an Agreement

Dated this day of (month) (year)

BETWEEN:

____________________________________Claimant

AND

____________________________________Respondent

Together, the Parties

The Claimant and the Respondent are Parties to (define legal relationship):

Entered into on or about (enter date):

For, or in relation to (enter detail):

The Claimant and the Respondent have agreed that [all matters in dispute between them / the matters in dispute between them set out in the Schedule attached hereto (delete one)] shall be referred to Arbitration in accordance with the Arb-Med Rules of the Building Disputes Tribunal (BDT Arb-Med Rules).

The number of arbitrators will be one. [or may choose three]

The language to be used in the Arb-Med process will be English. [or choose another language]

The governing law of the contract will be the substantive law of New Zealand. [or choose another country]

On execution of this Arb-Med Agreement, any Party may initiate Arb-Med by completing an Application for Arb-Med in terms of Rule 5.4.

For the avoidance of doubt, under this Arb-Med Agreement the Claimant is not required to serve a Notice of Arb-Med under Rule 5.1 to initiate Arb-Med or to attach such Notice to the Application for Arb-Med under Rule 5.4(b).

Notices to the Claimant:

Notices to the Claimant shall be given to an address for service which is:

Phone:

Mobile:

Email:

Notices to the Respondent:

Notices to the Respondent shall be given to an address for service which is:

Phone:

Mobile:

Email:

I certify that: I have read and understood this Arb-Med Agreement and the BDT Arb-Med Rules; and
I agree to be bound by the terms of this Arb-Med Agreement and the BDT Arb-Med Rules.

Claimant		Respondent
Signature:		Signature:
Name:		Name:
Position:		Position:
In the presence of:
Name:		Name:
Address:		Address:
Occupation:		Occupation:

SCHEDULE OF MATTERS IN DISPUTE FOR REFERENCE TO ARB-MED

The Parties have agreed that the following matters in dispute are the matters to be submitted to Arb-Med:

(a) [ ]

(b) [ ]

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Prior to engaging in Arbitration, Parties to a dispute must agree to arbitrate. Where they have not already agreed to refer a dispute to Arbitration under BDT’s Arb-Med Rules, they may do so by completing this Arb-Med Agreement.

The BDT Model Clause should be inserted into all new contracts where the parties wish any future disputes to be referred to Arb-Med with BDT.