Monthly Archives: June 2017

The Arbitration Amendment Bill 2017

Submissions to the Electoral and Justice Select Committee closed on 22 June 2017.  I will post a copy of the AMINZ submissions once they have been published by the Select Committee.  We will certainly be making oral submissions, once the dates have been notified.

In the interim, here is a copy of an article written by Jeremy Johnson and me published in the July edition of LawTalk, the New Zealand Law Society’s publication, outlining the changes proposed in the Bill.

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AMINZ Arbitration Rules approved by Council

After more years and considerably more work than anticipated, on 22 June 2017 the AMINZ Council approved the AMINZ Arbitration Rules.

The Rules are intended for both domestic and international arbitrations, and they therefore tread a fine line between offering clarity, flexibility and apparent simplicity while addressing some of the more complex issues high value international arbitration requires.  To that end, the drafting committee has been ruthless in monitoring international trends in arbitration rules and adopting those concepts which seemed to us to be most relevant.  There have been a number of rules published since this project started (notably, the LCIA, SIAC and ICC); we have assessed each to consider how and to what extent they contain procedures which may be of benefit.

We hope that the new Rules will find favour, providing a New Zealand version of what is state of the art internationally while being user friendly.  An Emergency Arbitrator Protocol has also been provided for those wanting interim measures and/or preliminary orders without adopting the Rules and, of course, avoiding recourse to the High Court.

A PDF is available online, and hard copies will be published later in the year.

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