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Oral Arbitration Agreement Template for New Zealand

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Key Requirements PROMPT example:

Oral Arbitration Agreement

"I need an Oral Arbitration Agreement under New Zealand law for a dispute between two Auckland-based construction companies, with expedited procedures and a sole arbitrator provision, to be effective from March 2025."

Document background
The Oral Arbitration Agreement is utilized when parties wish to establish a binding commitment to arbitrate their disputes while maintaining procedural flexibility and informality. This document type is particularly relevant in New Zealand's business environment, where rapid dispute resolution mechanisms are often needed. The agreement must comply with the New Zealand Arbitration Act 1996 and related legislation, ensuring enforceability while preserving the informal nature of the original oral agreement. It includes essential elements such as the scope of arbitration, arbitrator selection process, and procedural rules, while being adaptable to various commercial and professional contexts. The document serves as crucial evidence of the parties' intention to be bound by arbitration, making it an important tool in both domestic and international dispute resolution frameworks.
Suggested Sections

1. Parties: Identification and details of all parties entering into the arbitration agreement

2. Background: Context of the relationship between the parties and circumstances leading to the oral arbitration agreement

3. Definitions: Key terms used in the agreement and their agreed meanings

4. Agreement to Arbitrate: Clear statement of parties' agreement to submit disputes to arbitration

5. Scope of Arbitration: Types of disputes covered by the arbitration agreement

6. Arbitrator Appointment: Process for selecting and appointing arbitrators

7. Governing Law: Confirmation that New Zealand law governs the arbitration agreement

8. Language and Venue: Specified language and location for arbitration proceedings

9. Costs: Agreement on how arbitration costs will be allocated

10. Confidentiality: Requirements for maintaining confidentiality of the arbitration process

Optional Sections

1. Multi-tiered Dispute Resolution: Include when parties want to specify preliminary steps before arbitration, such as negotiation or mediation

2. Emergency Arbitrator: Include when parties want provision for urgent interim relief

3. Expert Determination: Include when technical matters may require expert determination

4. Joinder and Consolidation: Include when multiple parties or related disputes might need to be joined

5. Appeals Process: Include if parties want to allow appeals on points of law

6. Interim Measures: Include when parties want to specifically address the availability of interim relief

7. Time Limits: Include when parties want to set specific deadlines for various stages of the arbitration

Suggested Schedules

1. Schedule 1: Arbitration Rules: Detailed arbitration rules chosen by the parties (e.g., AMINZ Rules, ICC Rules)

2. Schedule 2: Arbitrator Qualifications: Specific qualifications or requirements for appointed arbitrators

3. Schedule 3: Fee Structure: Detailed breakdown of arbitration costs and fee arrangements

4. Appendix A: Dispute Notice Template: Template for initiating arbitration proceedings

5. Appendix B: Timeline: Expected timeline for various stages of the arbitration process

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Commercial Trade

Construction

Professional Services

Manufacturing

Retail

Information Technology

Agriculture

Financial Services

Transportation

Real Estate

Energy

Maritime Trade

Relevant Teams

Legal

Compliance

Risk Management

Commercial Operations

Business Development

Contract Administration

Corporate Governance

Executive Leadership

Procurement

Operations

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Commercial Director

Risk Manager

Compliance Officer

Chief Legal Officer

Operations Manager

Project Manager

Chief Executive Officer

Chief Financial Officer

Procurement Manager

Company Secretary

General Manager

Dispute Resolution Specialist

Industries




Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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