Construction arbitration

  • Toolkits and guides

    20 February 2024

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Welcome to our comprehensive article series on construction arbitration – an intricate and vital aspect of construction law.

As a leading construction law team, we understand the complexities and challenges inherent in dispute resolution within the construction industry. In this series, we provide insights and guidance across three key themes: the pre-arbitration process, the arbitration process itself, and the critical aspect of enforceability.

Pre-arbitration

In the prelude to arbitration, navigating the initial stages of dispute resolution is often decisive in shaping the trajectory of the arbitration process. Our articles explore strategies for effective negotiation of an arbitration agreement, pre-arbitration mechanisms such as mediation, and the importance of clear contractual provisions to streamline the resolution process.

Article 1: Why is arbitration particularly suited to construction disputes? 

Article 2: Drafting arbitration agreements, the fundamentals 

Article 3: Construction arbitration: Crucial factors in drafting arbitration agreements beyond the basics

Article 4: New Zealand's arbitral institutions

Article 5: Navigating multi-tiered dispute resolution clauses

The arbitration process

Moving into the heart of arbitration, we dissect each stage of the process, from selecting arbitrators to presenting evidence and arguments. Drawing on our experience, we share practical advice on dealing with challenges to jurisdiction, preparing for hearings, obtaining interim orders, leveraging expert testimony, and maximising the efficiency and effectiveness of the arbitration proceedings.

Article 1: Commencing arbitral proceedings

Aritcle 2: Jurisdictional issues arising in arbitration  

Article 3: Interim mesures

Article 4: Challenging arbitrator bias or conflict 
 

Enforceability

Here we examine the crucial phase of enforceability, where the decisions rendered in arbitration are translated into actionable outcomes. Our insights cover enforcement mechanisms, challenges in enforcing arbitral awards both in New Zealand and overseas, and strategies to safeguard and enforce your rights effectively.


For tailored guidance and support in both domestic and international arbitration, contact our dedicated team of construction law experts who have significant experience advising clients under the New Zealand Arbitration Act 1996 (and related jurisdictional issues) and a wide range of institutional arbitration rules, such as ICC, LCIA, DIAC, AMINZ, SIAC, the UNCITRAL Rules, and others.

If you would like to discuss any of the themes highlighted in our arbitration series, please get in touch with one of our experts.