The Mutual Agreement To Arbitrate Claims is designed for use in New Zealand when parties wish to establish a clear and binding framework for resolving disputes through arbitration rather than traditional court proceedings. This document becomes particularly relevant in business relationships, employment contexts, and commercial transactions where parties seek a more efficient, private, and potentially less costly dispute resolution mechanism. The agreement complies with the New Zealand Arbitration Act 1996 and related legislation, including the Contract and Commercial Law Act 2017. It typically includes comprehensive provisions for arbitration procedures, arbitrator selection, cost allocation, and enforcement mechanisms, while allowing customization to specific business needs and circumstances. This type of agreement is commonly used both in domestic New Zealand disputes and in international commercial relationships where at least one party is based in New Zealand.
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1. Parties: Identifies and defines all parties entering into the arbitration agreement
2. Background: Explains the context and purpose for entering into the arbitration agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Arbitration: Specifies which disputes and claims are covered by the arbitration agreement
5. Agreement to Arbitrate: Contains the mutual commitment to resolve covered disputes through arbitration
6. Arbitration Procedures: Details the process for initiating and conducting arbitration proceedings
7. Selection of Arbitrator: Outlines the process for choosing the arbitrator(s)
8. Costs and Fees: Specifies how arbitration costs will be allocated between parties
9. Governing Law: Confirms New Zealand law as governing law and specifies applicable legislation
10. Entire Agreement: Confirms this document represents the complete agreement regarding arbitration
11. Execution: Signature blocks and execution details for all parties
1. Class Action Waiver: Waiver of right to participate in class actions, used when dealing with commercial or consumer contracts
2. Confidentiality: Provisions for maintaining confidentiality of the arbitration process, included when privacy is a concern
3. Emergency Relief: Procedures for seeking emergency relief or interim measures, included for complex commercial relationships
4. International Provisions: Additional provisions for international arbitration, included when parties are from different jurisdictions
5. Severability: Provisions for maintaining validity if parts are found unenforceable, included in complex agreements
6. Multi-Party Provisions: Special procedures for arbitrations involving multiple parties, included when more than two parties are involved
1. Schedule 1: Arbitration Procedures: Detailed step-by-step procedures for conducting the arbitration
2. Schedule 2: Arbitrator Qualifications: Specific requirements and qualifications for potential arbitrators
3. Schedule 3: Fee Schedule: Detailed breakdown of arbitration fees and costs
4. Appendix A: Notice of Arbitration Form: Standard form for initiating arbitration proceedings
5. Appendix B: Arbitrator Selection Form: Form for proposing and selecting arbitrators
6. Appendix C: Confidentiality Agreement: Standard confidentiality agreement for parties and participants in arbitration
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