Arbitration Amendment Bill

  • enacted

Arbitration Amendment Bill

Member’s Bill

245—3

As reported from the committee of the whole House

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Andrew Bayly

Arbitration Amendment Bill

Member’s Bill

245—3

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Arbitration Amendment Act 2017.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Arbitration Act 1996 (the principal Act).

6 Schedule 1 amended

(1)

In Schedule 1, after article 16(3), insert:

(4)

To avoid doubt, it is declared that the failure to pursue a request made under paragraph (3) in a timely manner operates as a waiver of any right to later object to a ruling of the arbitral tribunal as to its jurisdiction.

(3)

In Schedule 1, replace article 34(2)(a)(iv) with:

(iv)

the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Act from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Act; or

(5)

In Schedule 1, replace article 36(1)(a)(iv) with:

(iv)

the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Act from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Act; or

7 Schedule 2 amended

(1)

In Schedule 2, clause 1(1), replace to (5) with and (3).

(2)

In Schedule 2, repeal clause 1(4) and (5).

Legislative history

9 May 2017

Introduction (Bill 245–1)

10 May 2017

First reading and referral to Justice and Electoral Committee

8 November 2017

Reinstated and allocated to Justice Committee

1 October 2018

Reported from Justice Committee (Bill 245–2)

6 March 2019

Second reading

3 April 2019

Committee of the whole House (Bill 245–3)