By an Agreement
Dated this | Day of | (month) | (year) |
BETWEEN
Claimant |
AND
Respondent |
Together, the Parties
The Parties 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 attached Schedule (delete one)] shall be referred to Arbitration for final determination 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 shall be given to an address for service which is: | Phone: | ||
|---|---|---|---|
Mobile: | |||
Email: | |||
Notices to the Respondent shall be given to an address for service which is: | Phone: | ||
|---|---|---|---|
Mobile: | |||
Email: | |||
I certify that: Â 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 | |
|---|---|---|---|
Name: | Name: | ||
Position: | Position: | ||
In the presence of: | |||
Name: | Name: | ||
Address: | Address: | ||
Occupation: | Occupation: | ||
The Parties have agreed that the following matters in dispute are the matters to be submitted to Arb-Med:
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.
