NEW ZEALAND

Arbitration Act 1996

TABLE OF CONTENTS

AMENDMENTS

An Act to reform the law relating to arbitration

1 Short Title and commencement

2 Interpretation

3 Further provision relating to interpretation

4 Act to bind the Crown

5 Purposes of Act

6 Rules applying to arbitrations in New Zealand

7 Arbitrations and awards outside New Zealand

8 Provisions applying where place of arbitration not agreed or determined

9 Arbitration under other Acts

10 Arbitrability of disputes

11 Consumer arbitration agreements

12 Powers of arbitral tribunal in deciding disputes

13 Liability of arbitrators

14 Application of sections 14A to 14I

14A Arbitral proceedings must be private

14B Arbitration agreements deemed to prohibit disclosure of confidential information

14C Limits on prohibition on disclosure of confidential information in section 14B

14D Arbitral tribunal may allow disclosure of confidential information in certain

circumstances

14E High Court may allow or prohibit disclosure of confidential information if arbitral

proceedings have been terminated or party lodges appeal concerning

confidentiality

14F Court proceedings under Act must be conducted in public except in certain

circumstances

14G Applicant must state nature of, and reasons for seeking, order to conduct Court

proceedings in private

14H Matters that Court must consider in determining application for order to conduct

Court proceedings in private

14I Effect of order to conduct Court proceedings in private

15 Certificates concerning parties to the Conventions

16 Rules

17 Amendments to other Acts

18 Repeals

19 Transitional provisions

20 Act passed in substitution for Arbitration Act 1908

Schedule 1

Rules applying to arbitration generally

Sections 6, 7, 8, 11

Chapter 1

General provisions

1

Scope of application

2

Definitions and rules of interpretation

3

Receipt of written communications

4

Waiver of right to object

5

Extent of court intervention

6

Court or other authority for certain functions of arbitration assistance and supervision

Chapter 2

Arbitration agreement

7

Form of arbitration agreement

8

Arbitration agreement and substantive claim before court

9

Arbitration agreement and interim measures by court

Chapter 3

Composition of arbitral tribunal

10

Number of arbitrators

11

Appointment of arbitrators

12

Grounds for challenge

13

Challenge procedure

14

Failure or impossibility to act

15

Appointment of substitute arbitrator

Chapter 4

Jurisdiction of arbitral tribunal

16

Competence of arbitral tribunal to rule on its jurisdiction

Chapter 4A

Interim measures and preliminary orders

Preliminary

17

Interpretation

Interim measures

17A

Power of arbitral tribunal to grant interim measure

17B

Conditions for granting interim measure

Preliminary orders

17C

Power of arbitral tribunal to issue preliminary order

17D

Conditions for issuing preliminary order

17E

Procedure for preliminary order

17F

Duration of preliminary order

17G

Effect of preliminary order

Supplementary provisions for interim measures

and preliminary orders

17H

Modification, suspension, and cancellation

17I

Provision of security

17J

Disclosure of material circumstances

17K

Costs and damages

Recognition and enforcement of interim measures

17L

Recognition and enforcement

17M

Grounds for refusing recognition or enforcement

Chapter 5

Conduct of arbitral proceedings

18

Equal treatment of parties

19

Determination of rules of procedure

20

Place of arbitration

21

Commencement of arbitral proceedings

22

Language

23

Statements of claim and defence

24

Hearings and written proceedings

25

Default of a party

26

Expert appointed by arbitral tribunal

27

Court assistance in taking evidence

Chapter 6

Making of award and termination of proceedings

28

Rules applicable to substance of dispute

29

Decision-making by panel of arbitrators

30

Settlement

31

Form and contents of award

32

Termination of proceedings

33

Correction and interpretation of award; additional award

Chapter 7

Recourse against award

34

Application for setting aside as exclusive

recourse against arbitral award

Chapter 8

Recognition and enforcement of awards

35

Recognition and enforcement

36

Grounds for refusing recognition or enforcement

Schedule 2

Additional optional rules applying to arbitration

Sections 6, 7, 8, 11

1 Default appointment of arbitrators

2 Consolidation of arbitral proceedings

3 Powers relating to conduct of arbitral proceedings

4 Determination of preliminary point of law by court

5 Appeals on questions of law

6 Costs and expenses of an arbitration

7 Extension of time for commencing arbitration proceedings

Schedule 3

Treaties relating to arbitration

Section 5

Protocol on arbitration clauses

[Opened for signature at Geneva on 24 September 1923]

Convention on the Recognition and Enforcement of

Foreign Arbitral Awards

Adopted at New York by the United Nations Conference on International Commercial Arbitration

on 10 June 1958

Schedule 4

Enactments amended

Schedule 5

Enactments repealed