Commercial Arbitrator in Hamilton and the Waikato

Services

I am Martin Dillon, a Hamilton-based barrister and independent commercial arbitrator. I accept appointments in commercial and civil disputes in Hamilton and throughout the Waikato. I am also available by arrangement for in-person arbitrations in Auckland, Tauranga and Rotorua, and I conduct online arbitrations throughout New Zealand.

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What commercial arbitration offers

Arbitration allows parties to refer a dispute to an independent decision-maker of their choice instead of asking a court to determine it.

Depending on the arbitration agreement and the circumstances of the dispute, arbitration can provide:

• a private and generally confidential process;
• a decision-maker selected for the particular dispute;
• procedures adapted to the value and complexity of the matter;
• written, online, hybrid or in-person hearings;
• greater control over timing and procedure; and
• a reasoned award that is normally final, binding and capable of enforcement.

Arbitration can be particularly useful where the parties want a determinative outcome but would prefer to avoid the publicity, formality or delay associated with court proceedings.

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Why appoint me as arbitrator

I have practised law since 2007. My professional background includes commercial and civil litigation, dispute resolution, Crown prosecution, criminal trial and appellate advocacy, and the analysis of complex documentary and expert evidence.

I bring:

• more than 18 years’ experience in legal practice;
• a strong foundation in commercial and civil dispute resolution;
• extensive trial and advocacy experience informing procedural decision-making;
• experience working with substantial documentary records and technically complex subject matter;
• a calm, impartial and structured approach to hearings;
• careful analysis of evidence and legal submissions; and
• clear written reasons.

I hold Bachelor of Laws and Bachelor of Arts degrees from the University of Auckland and am an Associate of the Arbitrators’ and Mediators’ Institute of New Zealand.

I practise independently from 109 Chambers in Hamilton. I am not aligned with a law firm, either party or any dispute-resolution institution. My responsibility as arbitrator is to protect the integrity and fairness of the arbitral process.

Further information about my professional background is available on my biography page.

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Types of commercial disputes

I accept appointments in commercial, contractual and civil disputes. These may include disputes concerning:

• the interpretation, performance or termination of commercial contracts;
• technology, software, data and digital systems;
• communications technology and satellite systems;
• manufacturing, machinery and equipment;
• supply and distribution arrangements;
• agribusiness and rural commercial arrangements;
• professional services;
• finance and insurance; and
• transport and logistics.

These examples are not exhaustive. I am comfortable becoming familiar with specialised industries, technical systems and unfamiliar commercial arrangements. Where expert evidence is required, I work with the parties to establish a process through which that evidence can be presented, tested and understood efficiently.

I maintain a separate specialist arbitration service for technology disputes through arbitr8.io.

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A proportionate arbitration process

No single procedure is appropriate for every commercial dispute. I work with the parties and their counsel to design a process that reflects the value, complexity and urgency of the matter.

The process may include:

• an initial conference to confirm the issues, applicable rules and procedural requirements;
• an agreed timetable for pleadings, evidence and submissions;
• early identification of preliminary or jurisdictional issues;
• proportionate document production;
• written witness statements and expert evidence where required;
• determination of some or all issues on the papers;
• online, hybrid or in-person hearings;
• interim directions or awards where appropriate; and
• a reasoned final award.

My objective is to provide each party with a proper opportunity to present its case while avoiding unnecessary cost, delay and procedural formality.

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Legal framework and enforceability

Arbitrations seated in New Zealand are principally governed by the Arbitration Act 1996, together with the parties’ arbitration agreement and any procedural or institutional rules they have adopted.

I accept appointments in ad hoc arbitrations and arbitrations conducted under agreed institutional rules. At the preliminary stage, I work with the parties to identify the applicable framework, the issues requiring determination and the procedure most appropriate for resolving them.

An arbitral award is normally final and binding. It may be recognised and enforced through the courts, subject to the provisions of the Arbitration Act and the limited grounds on which recognition or enforcement may be challenged.

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In-person arbitration in Hamilton and nearby centres

I practise from 109 Chambers in central Hamilton and am available for preliminary conferences and hearings in Hamilton and throughout the Waikato.

I am also available by arrangement to conduct in-person arbitrations in:

• Auckland;
• Tauranga; and
• Rotorua.

The location and format of each proceeding are agreed with the parties. Relevant considerations may include the location of the parties, counsel and witnesses; the volume and nature of the evidence; the expected length of the hearing; cost; and the availability of suitable facilities.

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Online arbitration throughout New Zealand

I conduct online commercial arbitrations for parties and counsel throughout New Zealand.

An arbitration may be conducted entirely online or through a hybrid process combining written steps, video conferences and an in-person hearing. Preliminary conferences, procedural applications, witness evidence and substantive hearings can all be conducted remotely where that is fair and appropriate.

Online participation can reduce travel and venue costs and make scheduling easier where parties, counsel, witnesses or experts are based in different locations. The procedure is settled with the parties rather than imposed automatically.

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Independence and procedural fairness

My role as arbitrator is neutral and independent. I do not act as advocate or legal adviser for either party in a matter in which I sit as arbitrator.

Before accepting an appointment, I undertake a conflict check and consider whether any circumstances require disclosure. I continue to address independence, impartiality and disclosure obligations throughout the arbitration.

Parties can expect:

• clear and appropriately transparent communication;
• a fair opportunity to present evidence and submissions;
• procedures proportionate to the issues and amounts involved;
• careful consideration of the material presented;
• reasoned procedural and substantive decisions; and
• delivery of decisions as promptly as the circumstances permit.

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Appointment and availability

I may be appointed:

• by agreement between the parties;
• under an arbitration clause prescribing or permitting my appointment;
• through an agreed nomination or appointment procedure; or
• as a replacement arbitrator where another appointment has ended.

Initial enquiries may address my availability, potential conflicts, fees, the proposed timetable and the appropriate appointment process. Information about my arbitration rates is available on the fees and costs page.

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Enquiries

If you are considering appointing a commercial arbitrator for a dispute in Hamilton, the Waikato, Auckland, Tauranga or Rotorua—or for an online arbitration elsewhere in New Zealand—you are welcome to make an initial enquiry.

Email: martin@martindillon.nz
Phone: +64 21 144 0486

Any appointment is subject to confirmation of availability, completion of a conflict check and agreement on the terms of appointment.