The settlement of disputes by arbitration is an important feature of the domestic commercial and legal landscape. The primary objective of modern arbitration is the fair, prompt and cost effective determination of any dispute in a manner that is proportionate to the amounts in dispute and the complexity of the issues involved.
To ensure that objective is met in the context of domestic arbitration, BDT has developed a suite of Arbitration Rules that are robust and certain, yet innovative in their commonsense approach to the arbitration process.
The Rules are intended to give parties the widest choice and capacity to adopt fully administered procedures that are fair, prompt and cost effective, and which provide a proportionate response 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 |
| Can a Party apply to consolidate more than one Arbitration proceeding? | 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 |