Abstract:
New Zealand’s Arbitration Act 1996 (which is based on the UNCITRAL Model Law) was recently amended following a review of the Act by the country’s Law Commission. The Commission reported that while the Act was generally working well, it needed reform in some areas to further improve its operation. Of particular interest are the amendments to the rules concerning confidentiality, arbitrations with consumers and appeals on questions of law, and the adoption of the revised Model Law text on interim measures. The amendments clarify and strengthen tribunal powers, improve protections for consumers, and remove the ability to characterise factual errors as questions of law for the purpose of appeals. They respond well to commercial expectations and reflect the broad support in New Zealand for promoting arbitration as a means for resolving commercial disputes.