Arbitration Act 1996

1: Short Title and commencement
1: This Act may be cited as the Arbitration Act 1996.
2: This Act shall come into force on 1 July 1997.
2: Interpretation
1: In this Act, unless the context otherwise requires,— arbitral tribunal
a: means a sole arbitrator, a panel of arbitrators, or an arbitral institution; and
b: includes any emergency arbitrator appointed under—
i: the arbitration agreement that the parties have entered into; or
ii: the arbitration rules of any institution or organisation that the parties have adopted arbitration arbitration agreement award confidential information
a: means information that relates to the arbitral proceedings or to an award made in those proceedings; and
b: includes—
i: the statement of claim, statement of defence, and all other pleadings, submissions, statements, or other information supplied to the arbitral tribunal by a party:
ii: any evidence (whether documentary or otherwise) supplied to the arbitral tribunal:
iii: any notes made by the arbitral tribunal of oral evidence or submissions given before the arbitral tribunal:
iv: any transcript of oral evidence or submissions given before the arbitral tribunal:
v: any rulings of the arbitral tribunal:
vi: any award of the arbitral tribunal disclose party
2: Section 2(1) arbitral tribunal replaced 1 March 2017 section 4 Arbitration Amendment Act 2016 Section 2(1) confidential information inserted 18 October 2007 section 4(1) Arbitration Amendment Act 2007 Section 2(1) disclose inserted 18 October 2007 section 4(1) Arbitration Amendment Act 2007 Section 2(2) repealed 18 October 2007 section 4(2) Arbitration Amendment Act 2007
3: Further provision relating to interpretation
The material to which an arbitral tribunal or a court may refer in interpreting this Act includes the documents relating to the Model Law referred to in section 5(b)
4: Act to bind the Crown
This Act binds the Crown.
5: Purposes of Act
The purposes of this Act are—
a: to encourage the use of arbitration as an agreed method of resolving commercial and other disputes; and
b: to promote international consistency of arbitral regimes based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985; and
c: to promote consistency between the international and domestic arbitral regimes in New Zealand; and
d: to redefine and clarify the limits of judicial review of the arbitral process and of arbitral awards; and
e: to facilitate the recognition and enforcement of arbitration agreements and arbitral awards; and
f: to give effect to the obligations of the Government of New Zealand under the Protocol on Arbitration Clauses (1923), the Convention on the Execution of Foreign Arbitral Awards (1927), and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the English texts of which are set out in Schedule 3
6A: Minister of Justice to appoint body to resolve certain matters
1: The Minister of Justice must, by notice in the Gazette article 11(3) to (6)
2: The Minister of Justice may, by notice in the Gazette Section 6A inserted 1 March 2017 section 5 Arbitration Amendment Act 2016
6: Rules applying to arbitrations in New Zealand
1: If the place of arbitration is, or would be, in New Zealand,—
a: the provisions of Schedule 1
b: those provisions of Schedule 2 apply in respect of the arbitration.
2: A provision of Schedule 2
a: to an arbitration referred to in subsection (1) which—
i: is an international arbitration as defined in article 1(3)
ii: is covered by the provisions of the Protocol on Arbitration Clauses (1923); or the Convention on the Execution of Foreign Arbitral Awards (1927), or both,— only if the parties so agree; and
b: to every other arbitration referred to in subsection (1), unless the parties agree otherwise.
7: Arbitrations and awards outside New Zealand
If the place of arbitration is not in New Zealand, articles 8 9 35 36
8: Provisions applying where place of arbitration not agreed or determined
If it still has to be agreed or determined whether the place of arbitration will be in New Zealand, articles 8 9
9: Arbitration under other Acts
1: Where a provision of this Act is inconsistent with a provision of any other enactment, that other enactment shall, to the extent of the inconsistency, prevail.
2: Subject to subsection (1), where a provision of this Act applies to an arbitration under any other enactment, the provisions of that other enactment shall be read as if it were an arbitration agreement.
10: Arbitrability of disputes
1: Any dispute which the parties have agreed to submit to arbitration under an arbitration agreement may be determined by arbitration unless the arbitration agreement is contrary to public policy or, under any other law, such a dispute is not capable of determination by arbitration.
2: The fact that an enactment confers jurisdiction in respect of any matter on the High Court or the District Court Section 10(2) amended 1 March 2017 section 261 District Court Act 2016
10A: Arbitration of trust matters
1: If an arbitration relates to a trust matter, sections 142 to 148
2: In this section, trust matter section 142 Section 10A inserted 30 January 2021 section 164 Trusts Act 2019
11: Consumer arbitration agreements
1: Where—
a: a contract contains an arbitration agreement; and
b: a person enters into that contract as a consumer,— the arbitration agreement is enforceable against the consumer only if—
c: the consumer, by separate written agreement entered into by the consumer and the other party to the contract after a dispute has arisen out of, or in relation to, that contract, certifies that, having read and understood the arbitration agreement, the consumer agrees to be bound by it; and
d: the separate written agreement referred to in paragraph (c) discloses, if it is the case, the fact that all or any of the provisions of Schedule 2
2: For the purposes of this section, a person enters into a contract as a consumer if—
aa: that person is an individual; and
a: that person enters into the contract otherwise than in trade; and
b: the other party to the contract enters into that contract in trade.
3: Subsection (1) applies to every contract containing an arbitration agreement entered into in New Zealand notwithstanding a provision in the contract to the effect that the contract is governed by a law other than New Zealand law.
4: For the purposes of article 4
5: Unless a party who is a consumer has, under article 4 article 8(1) articles 16(1) 34(2)﻿(a)﻿(i) 36(1)﻿(a)﻿(i)
6: Nothing in this section applies to—
a: a lease; or
b: a contract of insurance to which section 8 Section 11(1)﻿(c) substituted 18 October 2007 section 5(1) Arbitration Amendment Act 2007 Section 11(2)﻿(aa) inserted 18 October 2007 section 5(2) Arbitration Amendment Act 2007 Section 11(6) substituted 18 October 2007 section 5(3) Arbitration Amendment Act 2007
12: Powers of arbitral tribunal in deciding disputes
1: An arbitration agreement, unless otherwise agreed by the parties, is deemed to provide that an arbitral tribunal—
a: may award any remedy or relief that could have been ordered by the High Court if the dispute had been the subject of civil proceedings in that court:
b: may award interest on the whole or any part of any sum which—
i: is awarded to any party, for the whole or any part of the period up to the day on which the sum awarded (including all interest) is paid in full
ii: is in issue in the arbitral proceedings but is paid before the date of the award, for the whole or any part of the period up to the date of payment.
2: Nothing in this section affects the application of section 10 article 34(2)﻿(b) article 36(1)﻿(b) Section 12(1)﻿(b)﻿(i) amended 1 January 2018 section 29 Interest on Money Claims Act 2016
13: Liability of arbitrators
An arbitrator is not liable for negligence in respect of anything done or omitted to be done in the capacity of arbitrator.
14: Application of sections 14A to 14I
Except as the parties may otherwise agree in writing (whether in the arbitration agreement or otherwise), sections 14A to 14I Section 14 substituted 18 October 2007 section 6 Arbitration Amendment Act 2007
14A: Arbitral proceedings must be private
An arbitral tribunal must conduct the arbitral proceedings in private. Section 14A inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14B: Arbitration agreements deemed to prohibit disclosure of confidential information
1: Every arbitration agreement to which this section applies is deemed to provide that the parties and the arbitral tribunal must not disclose confidential information.
2: Subsection (1) is subject to section 14C Section 14B inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14C: Limits on prohibition on disclosure of confidential information in section 14B
A party or an arbitral tribunal may disclose confidential information—
a: to a professional or other adviser of any of the parties; or
b: if both of the following matters apply:
i: the disclosure is necessary—
A: to ensure that a party has a full opportunity to present the party’s case, as required under article 18
B: for the establishment or protection of a party’s legal rights in relation to a third party; or
C: for the making and prosecution of an application to a court under this Act; and
ii: the disclosure is no more than what is reasonably required to serve any of the purposes referred to in subparagraph (i)﻿(A) to (C); or
c: if the disclosure is in accordance with an order made, or a subpoena issued, by a court; or
d: if both of the following matters apply:
i: the disclosure is authorised or required by law (except this Act) or required by a competent regulatory body (including New Zealand Exchange Limited); and
ii: the party who, or the arbitral tribunal that, makes the disclosure provides to the other party and the arbitral tribunal or, as the case may be, the parties, written details of the disclosure (including an explanation of the reasons for the disclosure); or
e: if the disclosure is in accordance with an order made by—
i: an arbitral tribunal under section 14D
ii: the High Court under section 14E Section 14C inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14D: Arbitral tribunal may allow disclosure of confidential information in certain circumstances
1: This section applies if—
a: a question arises in any arbitral proceedings as to whether confidential information should be disclosed other than as authorised under section 14C(a) to (d)
b: at least 1 of the parties agrees to refer that question to the arbitral tribunal concerned.
2: The arbitral tribunal, after giving each of the parties an opportunity to be heard, may make or refuse to make an order allowing all or any of the parties to disclose confidential information. Section 14D inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14E: High Court may allow or prohibit disclosure of confidential information if arbitral proceedings have been terminated or party lodges appeal concerning confidentiality
1: The High Court may make an order allowing a party to disclose any confidential information—
a: on the application of that party, which application may be made only if the mandate of the arbitral tribunal has been terminated in accordance with article 32
b: on an appeal by that party, after an order under section 14D(2)
2: The High Court may make an order under subsection (1) only if—
a: it is satisfied, in the circumstances of the particular case, that the public interest in preserving the confidentiality of arbitral proceedings is outweighed by other considerations that render it desirable in the public interest for the confidential information to be disclosed; and
b: the disclosure is no more than what is reasonably required to serve the other considerations referred to in paragraph (a).
3: The High Court may make an order prohibiting a party ( party A party B section 14D(2)
4: The High Court may make an order under this section only if it has given each of the parties an opportunity to be heard.
5: The High Court may make an order under this section—
a: unconditionally; or
b: subject to any conditions it thinks fit.
6: To avoid doubt, the High Court may, in imposing any conditions under subsection (5)﻿(b), include a condition that the order ceases to have effect at a specified stage of the appeal proceedings.
7: The decision of the High Court under this section is final. Section 14E inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14F: Court proceedings under Act must be conducted in public except in certain circumstances
1: A court must conduct proceedings under this Act in public unless the court makes an order that the whole or any part of the proceedings must be conducted in private.
2: A court may make an order under subsection (1)—
a: on the application of any party to the proceedings; and
b: only if the court is satisfied that the public interest in having the proceedings conducted in public is outweighed by the interests of any party to the proceedings in having the whole or any part of the proceedings conducted in private.
3: If an application is made for an order under subsection (1), the fact that the application had been made, and the contents of the application, must not be made public until the application is determined.
4: In this section and sections 14G to 14I court
a: means any court that has jurisdiction in regard to the matter in question; and
b: includes the High Court and the Court of Appeal; but
c: does not include an arbitral tribunal proceedings Section 14F inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14G: Applicant must state nature of, and reasons for seeking, order to conduct court proceedings in private
An applicant for an order under section 14F
a: whether the applicant is seeking an order for the whole or part of the proceedings to be conducted in private; and
b: the applicant’s reasons for seeking the order. Section 14G inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14H: Matters that court must consider in determining application for order to conduct court proceedings in private
In determining an application for an order under section 14F
a: the open justice principle; and
b: the privacy and confidentiality of arbitral proceedings; and
c: any other public interest considerations; and
d: the terms of any arbitration agreement between the parties to the proceedings; and
e: the reasons stated by the applicant under section 14G(b) Section 14H inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14I: Effect of order to conduct court proceedings in private
1: If an order is made under section 14F
a: no person may search, inspect, or copy any file or any documents on a file in any office of the court relating to the proceedings for which the order was made; and
b: the court must not include in the court’s decision on the proceedings any particulars that could identify the parties to those proceedings.
2: An order remains in force for the period specified in the order or until it is sooner revoked by the court on the further application of any party to the proceedings. Section 14I inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
15: Certificates concerning parties to the Conventions
A certificate purporting to be signed by the Secretary of Foreign Affairs and Trade, or a Deputy Secretary of Foreign Affairs and Trade, that, at the time specified in the certificate, any country had signed and ratified or had denounced, or had taken any other treaty action under, the Protocol on Arbitration Clauses (1923) or the Convention on the Execution of Foreign Arbitral Awards (1927) in respect of the territory specified in the certificate is presumptive evidence of the facts stated.
16: Rules
Rules may be made for the purposes of this Act,—
a: in the case of the High Court, under section 148
b: in the case of the District Court, under section 228 Section 16(a) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 16(b) replaced 1 March 2017 section 261 District Court Act 2016
17: Amendments to other Acts
The Acts specified in Schedule 4
18: Repeals
The enactments specified in Schedule 5
19: Transitional provisions
1: Subject to subsections (2) and (3),—
a: this Act applies to every arbitration agreement, whether made before or after the commencement of this Act, and to every arbitration under such an agreement; and
b: a reference in an arbitration agreement to the Arbitration Act 1908
2: Where the arbitral proceedings were commenced before the commencement of this Act, the law governing the arbitration agreement and the arbitration shall be the law which would have applied if this Act had not been passed.
3: Where an arbitration agreement, which is made before the commencement of this Act, provides for the appointment of 2 arbitrators, and arbitral proceedings are commenced during the period beginning on the date of commencement of this Act and ending with the close of the day before the date of commencement of the Arbitration Amendment Act 2007
a: unless a contrary intention is expressed in the arbitration agreement, the 2 arbitrators shall, immediately after they are appointed, appoint an umpire; and
b: the law governing the arbitration agreement and the arbitration is the law that would have applied if this Act had not been passed.
3A: Subsection (3B) applies to an arbitration agreement that—
a: is made before the commencement of this Act; and
b: provides for the appointment of—
i: an arbitrator by each of the 2 parties; or
ii: 2 arbitrators by the parties and for those arbitrators to appoint an umpire; and
c: does not relate to arbitral proceedings that have been commenced during the period referred to in subsection (3).
3B: Every arbitration agreement to which this subsection applies must be read as if the arbitration agreement provides for the appointment, by the arbitrators appointed by the parties, of a third arbitrator under this Act, and the provisions of this Act, subject to any modifications that may be necessary, apply accordingly to that arbitration agreement.
4: For the purposes of this section, arbitral proceedings are to be taken as having commenced on the date of the receipt by the respondent of a request for the dispute to be referred to arbitration, or, where the parties have agreed that any other date is to be taken as the date of commencement of the arbitral proceedings, then on that date.
5: This Act applies to every arbitral award, whether made before or after the commencement of this Act. Section 19(3) amended 18 October 2007 section 7(1) Arbitration Amendment Act 2007 Section 19(3A) inserted 18 October 2007 section 7(2) Arbitration Amendment Act 2007 Section 19(3B) inserted 18 October 2007 section 7(2) Arbitration Amendment Act 2007
20: Act passed in substitution for Arbitration Act 1908
For the avoidance of doubt, it is hereby declared that, for the purposes of section 21 of the Acts Interpretation Act 1924, this Act is passed in substitution for the Arbitration Act 1908