Resolving disputes

Arbitration

Choose arbitration for complex cases when you want an independent arbitrator to make an enforceable decision for you.

What is arbitration?

Arbitration is a way to resolve disputes as an alternative to going to court. Arbitration proceedings are overseen by an arbitrator (rather than a judge or magistrate), who considers the evidence and arguments presented by the parties, and hands down an arbitral award. This decision is legally binding and generally enforceable in court.

Arbitration can help to resolve a wide range of disputes including business, family, workplace personal injury, industrial and construction.


What does an arbitrator do?

An arbitrator considers the evidence from all parties. The decision is legally binding and is generally enforceable in court.

A handy guide to commercial arbitration


Looking for an arbitrator?

Search the Resolution Institute dispute resolver directories

As the largest dispute resolution organisation in Australia and Aotearoa New Zealand, Resolution Institute dispute resolver directories let you select a professional arbitrator from a wide and diverse pool. You can filter your search by grading, additional skills, areas of practice and regions where arbitrators work. There is no fee to search the directory.

Go to the New Zealand dispute resolver directory Go to the Australian dispute resolver directory

Let us find an arbitrator for you

Through our nomination service, Resolution Institute can find an arbitrator for you. We carefully consider the type of dispute, experience and knowledge required, accreditations or qualifications, location and price point to nominate an arbitrator to match your dispute. A fee applies to use the nomination service.

Complete the online form to use the Resolution Institute nomination service to appoint an arbitrator for you. Then, please submit your payment.

Complete the online form SuBmit your payment


Want to use the Resolution Institute Arbitration Rules?

The Resolution Institute Arbitration Rules include elements such as the procedure for giving notice, appointing the arbitrators, making disclosure, conducting an arbitration and delivering an award. The Rules also include a schedule of fees.

Complete the online form to register to use the Resolution Institute Arbitration Rules. Then, submit your payment.

Read our Rules Register to use our Rules Submit your payment


Want to use an arbitration clause in a contract?

When you enter into a contract, make sure you include a dispute resolution clause. Consider referring any dispute that may arise to arbitration, or to a series of dispute resolution types depending on the circumstances and seriousness of the dispute. Ensure that the clause refers to the appropriate Resolution Institute dispute resolution Rules with Resolution Institute as the nominating body when needed.

Browse our standard clauses


Why choose arbitration?

Choose arbitration if you are looking for a less expensive, quicker and more flexible alternative to going to court. When a contract has been breached, if there are large sums of money at stake, if documents and witnesses will help you prove your case then arbitration offers you privacy and confidentiality unless the parties agree otherwise.

Choose arbitration to resolve a wide range of disputes including business, family, workplace personal injury, industrial and construction in accordance with the parties’ rights.

In arbitration, people present their points of view and evidence to help them prove their case to an independent arbitrator. Depending on what suits the parties and what the matter requires, witnesses and independent experts may be called. Based on the evidence, an arbitrator makes a binding and enforceable decision that can only be appealed in exceptional circumstances.

Depending on the nature of the dispute or the contract, arbitrations may be conducted by a single arbitrator or by a panel of up to three arbitrators.

Arbitrations can be voluntary, court ordered or agreed upon in a contract.