CHAPTER 26 - New Zealand - Interim Measures in International Arbitration
David A. R. Williams
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Originally from: Interim Measures in International Arbitration
New Zealand's arbitration law is found in the Arbitration Act 1996,
which is based on the UNCITRAL Model Law on International
The Model Law is reproduced (with some modifications) in
Schedule 1 to the Act. Schedule 1 applies to international arbitrations
seated in New Zealand.1 Arbitrations are international if the parties to
the arbitration agreement have their places of business in different states;
if the place of arbitration or a place where the subject matter of the
dispute is most closely connected is different to the parties’ place of
business; or if the parties have agreed that their dispute relates to more
than one country.2 Additional rules, found in Schedule 2, apply to
domestic arbitrations unless the parties otherwise agree, and to
international arbitrations if the parties expressly agree.3 If the place of
arbitration is not New Zealand, only Articles 8 (stay of court proceedings
brought in breach of an arbitration agreement), 9 (court-ordered interim
measures) and 35 and 36 (recognition and enforcement of awards) apply.
The provisions relating to interim measures are found in Schedule 1.
In 2007, New Zealand was one of the first countries to amend its Act to
incorporate the 2006 amendments to the Model Law, including the
interim measures amendments.
A combination of New Zealand's small size, the relative youth of the
Act and the fact that many countries have adopted the Model Law means
that New Zealand courts often refer to jurisprudence from other Model
Law countries—particularly the United Kingdom and countries in the
Asia-Pacific, including Australia, Singapore, Malaysia and Hong Kong.