Should we agree to arbitration after a dispute has already started?
  • Home
  • Questions
  • Should we agree to arbitration after a dispute has already started?

Should we agree to arbitration after a dispute has already started?

1 answer

Answer to the question

0
0
4

05.09.2026

We do not have an arbitration clause with a supplier, but the supplier has suggested that we submit our current dispute to arbitration to avoid a public trial. I am unsure whether that would benefit us. What are the pros and cons?

Site Administration 07.09.2026
reply date: 07.09.2026

You can agree to arbitration after a dispute arises by signing a submission agreement, and it is often a sensible choice where privacy and speed matter. Advantages include confidentiality, the ability to choose arbitrators with technical expertise, flexible procedures and limited rights of appeal, which bring finality. Disadvantages include the parties paying the arbitrator's fees and hearing costs, which can be higher than court fees, more limited routes to challenge errors, and the absence of a public precedent. The Arbitration Act 1996 applies by default, including its schedule of rules. Before signing, negotiate the number and identity of arbitrators, the seat and rules, the timetable and how costs will be allocated. Have a lawyer check that the agreement covers all the issues.

Похожие вопросы

How long do I have to bring a claim?

1 answer
31.07.2026
A tradesperson did poor work on my house several years ago and I only recently discovered the full extent of the problem. I am worried I have run out of time. What are the time limits for bringing a civil claim in New Zealand?
0
0
5

What is an adjudication under the Construction Contracts Act?

1 answer
20.08.2026
My subcontracting business has been waiting on a large unpaid progress payment from a main contractor, who refuses to pay and says it will be resolved later. I have heard that construction disputes have a quick process. How does it work?
0
0
5

Do I need to attend a judicial settlement conference?

1 answer
09.07.2026
I received a notice from the court that a judicial settlement conference has been scheduled in our case. My lawyer says I must attend in person, but I do not see the point when both sides are so far apart. What happens at one?
0
0
5

Someone is threatening to sue me, what should I do first?

1 answer
10.09.2026
I received a lawyer's letter demanding a large amount of money over a contract dispute and threatening court proceedings if I do not reply in a week. I am anxious and tempted to ignore it. What steps should I take?
0
0
4
Show all