Adjudication

Fair, prompt and cost effective dispute resolution
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NZIAC’s Adjudication Rules 2022 provide parties with access to a private dispute resolution process that is fair, prompt, cost effective, and proportionate to the amount in dispute and the complexity of the issues involved.

Our plain language Adjudication Rules provide parties and their advocates with access to a simple and effective procedure that is convenient, certain, and provides the parties with a Determination that is provisionally binding and enforceable within 35 Working Days.

Subject to limited exceptions (public policy and whether a Dispute is not capable of determination by Adjudication under any law), any kind of dispute that could be subject to arbitration or legal proceedings in a court or tribunal can also be subject to Adjudication. Examples of disputes that can be subject to Adjudication include:

(a) disputes arising in relation to a contract;

(b) disputes arising in relation to a non-contractual legal relationship (such as a trust); and

(c) disputes arising in relation to a cause of action in tort (such as a negligence or nuisance claim).

 

Application

The NZIAC Adjudication Rules 2022 have been adopted to have effect from 5 September 2022.

Adjudication can be started whether or not there is an existing Adjudication Agreement in relation to the Dispute. If there is an existing Adjudication Agreement, one Party can start Adjudication by themselves by serving a Notice of Adjudication (Rule 5.4). If there is no existing Adjudication Agreement, agreement is needed and the Parties must enter into an Adjudication Agreement first (Rule 5.10).

For more information, please contact our professional Registry team by completing our Contact Form or phoning +64 9 486 7151.

Complete the form below to download your copy of the NZIAC Adjudication Rules 2022.

 

Download NZIAC Adjudication Rules

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