arbitration
Arbitration services for independent dispute resolution.
Not every dispute can be resolved through agreement. When parties need an independent decision-maker, arbitration offers a private, flexible and binding alternative to court proceedings.
Our experienced arbitrators provide practical, impartial determinations for commercial, property, trust and specialist industry disputes.
how arbitration works
A clear process. An independent decision.
Independent arbitrator
An impartial decision-maker considers the evidence and submissions from each party.
Flexible process
The arbitration process can be tailored to suit the nature, complexity and urgency of the dispute, with procedures agreed between the parties.
Binding outcome
The arbitrator issues a reasoned determination that is generally binding and enforceable, providing a clear resolution to the dispute.
Dispute areas we ARBITRATE
Specialist arbitration for complex disputes.
Our arbitrators provide independent determinations across a range of commercial, property, trust and industry-specific matters. If your dispute is not listed, please contact us to discuss whether arbitration may be suitable.
Real estate compensation disputes
Independent determinations involving settlement delays, contractual breaches, property condition issues and compensation disputes under sale and purchase agreements.
More about this dispute type
We are available to act as arbitral determiner or referee in compensation disputes arising under clause 10 of the REINZ/ADLS Agreement for Sale and Purchase of Real Estate (11th Edition 2022) and similar contractual provisions.
These disputes commonly involve disagreements about compensation following settlement delay, breach of contractual obligations, property condition issues, repair costs, or other matters that the agreement requires to be determined independently.
Trust disputes
Disputes involving trust administration, trustee conduct, interpretation of trust deeds, the appointment or removal of trustees, and disagreements between trustees and beneficiaries.
More about this dispute type
The Trusts Act 2019 encourages parties to consider alternative dispute resolution processes, including arbitration, in appropriate cases.
A trust deed may require arbitration or a similar alternative dispute resolution process to be conducted, parties may agree to arbitration as an alternative to going to court, or a court may order that a dispute be determined in an ADR process.
We can act as arbitrator for trust disputes, including disputes concerning trust administration, trustee conduct, interpretation of the trust deed, appointment or removal of trustees, and related trust matters.
Racing and equine industry disputes
Specialist arbitration involving horse ownership, syndicates, breeding, bloodstock transactions, training agreements and racing industry relationships.
More about this dispute type
The Mediation Hub offers specialist arbitration services for disputes arising in the racing and equine sectors.
These disputes may involve ownership arrangements, syndicates, breeding and bloodstock transactions, training agreements, management arrangements, commercial relationships within the racing industry and other industry-specific matters.
This service draws on Peter Smith's longstanding involvement and leadership within New Zealand racing and his extensive understanding of the commercial and practical realities of the industry.
mediation or arbitration
Two approaches. Different outcomes.
Both mediation and arbitration offer alternatives to traditional court proceedings, but they work in different ways.
In mediation, an independent mediator helps parties explore solutions and reach their own agreement.
In arbitration, an independent arbitrator considers the evidence and submissions before making a determination that is generally binding and enforceable.
Mediation
Parties work together with a neutral mediator.
Outcome:
The parties decide whether to reach an agreement.
Arbitration
An independent arbitrator hears the parties' evidence and submissions.
Outcome:
The arbitrator makes a generally binding determination.
Clarity from the start
A clear process. No unexpected costs.
Arbitration can be tailored to the nature and complexity of the dispute. We discuss the process, likely timeframes and estimated costs before an appointment is confirmed.
Terms
The scope of the arbitration, the procedures to be followed and the arbitrator's appointment are established at the outset, so parties understand how the matter will be determined.
Process
Depending on the dispute and the parties' agreement, arbitration can be tailored to the issues involved, the evidence required and the urgency of the matter.
Costs
Fees vary depending on the nature and complexity of the dispute, the number of parties, the evidence involved and the time required to reach a determination.
We can provide an estimate of likely costs before an appointment is confirmed.
Need an independent decision-maker?
Tell us about your dispute and we'll help you determine whether arbitration is appropriate and discuss the next steps.