International Construction Law Review
OF CABBAGES AND KINGS: THE UNCITRAL MODEL ARBITRATION LAW AND OTHER THINGS
TÓMAS KENNEDY-GRANT*
Chartered Arbitrator
For all knowledge and wonder (which is the seed of knowledge) is an impression of pleasure in itself.
FRANCIS BACON: The Advancement of Learning
(1605)
INTRODUCTION1
I propose to cover four subjects:
- 1. The New Zealand experience of the UNCITRAL Model Arbitration Law since the Arbitration Act 1996 came into force.
- 2. The present law and practice regarding payment in the construction industry in New Zealand and the changes made by the Construction Contracts Act 2002, which comes into force on 1 April 2003.
- 3. Some recent New Zealand decisions in the field of construction law; and
- 4. New Zealand and New Zealanders internationally.
1. THE NEW ZEALAND EXPERIENCE OF THE UNCITRAL MODEL ARBITRATION LAW
The New Zealand Arbitration Act 1996 came into force on 1 July 1997. The Act comprises 20 sections and four Schedules. The First Schedule contains a modified version of the UNCITRAL Model Arbitration Law (“MAL”). The Second Schedule contains additional optional rules applying to arbitration. The Third Schedule contains the texts of the Geneva Protocol 1923, the Geneva Convention 1927 and the New York Convention 1958. The Fourth Schedule is simply a list of enactments amended by the Act.
* MA (Oxon), Gray’s Inn, FCIArb, FAMINZ (Arb/Med), FICA.
1 This paper was presented to a joint meeting of the Hong Kong Branch of the Chartered Institute of Arbitrators and the Hong Kong Institute of Arbitrators on 8 May 2002. It has been revised to take account of the passage into law of the Construction Contracts Bill and the reporting of previously unreported cases. © Tómas Kennedy-Grant, Auckland, New Zealand, 2003. The author has asserted his moral rights pursuant to the Copyright Act 1994 (NZ).
[2003
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