New Zealand Acts

COMMERCE ACT 1986 - SECT 53J

53J Compulsory arbitration

1 If a settlement is not reached (whether by negotiation or voluntary arbitration) within the time frame set by the Commission, the parties must enter into arbitration under this section on the terms set out in the section 52P determination.

2 The Arbitration Act 1996 does not apply to arbitration under this section, but the Commission may, in setting out the terms of the arbitration in the section 52P determination, apply any provisions of that Act to the arbitration.

3 The arbitrator’s role is to make an arbitral award that promotes the purpose of this Part.

4 If final consumers of regulated goods or services are not directly represented as parties in the arbitration, the arbitrator must have particular regard to the effect of the outcome of the arbitration on those final consumers.

5 The arbitral award is binding on the parties to the arbitration unless or until the parties agree to vary it.

History: Section 53J: inserted, on 14 October 2008, by section 4 of the Commerce Amendment Act 2008 (2008 No 70).