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The Agreement to Arbitrate Form is a crucial document in New Zealand's alternative dispute resolution framework, designed to provide parties with a clear and enforceable mechanism for resolving commercial disputes outside the court system. This agreement becomes particularly relevant when parties wish to maintain confidentiality, seek expertise in specific industry matters, or desire a more flexible and potentially cost-effective dispute resolution process. The document must comply with the New Zealand Arbitration Act 1996 and related legislation, ensuring that the resulting arbitration award will be enforceable under New Zealand law. The Agreement to Arbitrate Form can be used either as a standalone agreement or as a clause within a broader commercial contract, setting out the complete framework for how future disputes will be handled through arbitration.

1. Parties: Identification of all parties entering into the arbitration agreement, including full legal names and addresses

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Agreement to Arbitrate: The core agreement of the parties to submit disputes to arbitration

5. Scope of Arbitration: Defines what types of disputes are covered by the arbitration agreement

6. Arbitration Rules: Specifies which arbitration rules will govern the proceedings (e.g., AMINZ Rules, ICC Rules)

7. Appointment of Arbitrators: Process for selecting and appointing arbitrators

8. Place of Arbitration: Specifies the seat of arbitration and the venue for hearings

9. Language of Arbitration: Specifies the language in which the arbitration will be conducted

10. Governing Law: Specifies that New Zealand law governs the arbitration agreement

11. Costs: Provisions regarding the allocation of arbitration costs

12. Confidentiality: Provisions regarding the confidentiality of the arbitration proceedings

13. Execution: Signature blocks and execution provisions