New Zealand's arbitration law is found in the Arbitration Act 1996,

which is based on the UNCITRAL Model Law on International

Commercial Arbitration.

 

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.