• Report lifts lid on trends within this confidential method of dispute resolution
• Findings indicate that arbitration is more often used and entrenched than may be apparent to the legal community
• Average resolution times found to be significantly shorter than Court

The confidential nature of arbitration as an alternative dispute resolution method has made it inherently difficult to know how often it is used in New Zealand, until now.

Leading arbitrators Royden Hindle and Dr Anna Kirk, in collaboration with the New Zealand Dispute Resolution Centre, have researched and compiled the Inaugural New Zealand Arbitration Survey. The Survey Report requested information about arbitrations where the appointment of the tribunal took place between 1 January 2019 and 31 December 2021.

Report Highlights:

• Arbitrators who responded: 56 arbitrators
• Arbitral Appointments Reported: 213 appointments
• Average Time for Disposal of disputes between $30,000 to $3million: 10.85 months
• Most Common Subject Matter of Arbitrations: 34 arbitrations concerning company/commercial/contract matters; 31 lease-related arbitrations; 20 building/construction arbitrations; and 11 property-related arbitrations.

John Green, Director of the New Zealand Dispute Resolution Centre commented, “The Survey Report really highlights how the arbitration market in New Zealand has matured. It is no longer dominated by construction disputes and covers a wide range of contractual disputes and commercial disputes, property disputes, Treaty Settlement cases, and many others.” 

He continued, “Arbitration is increasingly viewed as a viable alternative to litigation and a mechanism that can alleviate the pressure on our Courts regarding civil disputes. In many cases, arbitration can be a cheaper, quicker, and more confidential option. 

Given that the data was captured for the period 1 January 2019 to 31 December 2021, much of it predates the effects of the pandemic in New Zealand. It will be interesting to see how the next Survey results reflect the step change in the adoption of AVL technology.”

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