Arbitrator & Mediator

Mediation and arbitration — commercial, intellectual property, trusts and construction.

Following 7 years as an Associate Judge of the High Court, Warwick Smith has now established a private practice as a mediator and arbitrator.

Warwick has 45 years’ experience managing and resolving a broad range of commercial and other civil disputes, initially as an advocate, and later as mediator and settlement conference convenor, tribunal member, and judge sitting in the High Court.

As an Associate Judge, he case-managed hundreds of cases, presided at numerous settlement conferences, and gave over 400 judgments. In addition, he has given over 170 decisions in tribunal or administrative panel cases. He is a Fellow (arbitration) of the Arbitrators’ and Mediators’ Institute of New Zealand. Warwick brings that experience, keen analytical skills, and a strong sense of fairness to all his mediation and arbitration work.

Warwick has more recently been appointed Deputy-Chair of the Sports Tribunal of New Zealand, which hears appeals against decisions made by national sports bodies and anti-doping matters referred to it by Drug Free Sport New Zealand.

In June 2022 Warwick was also appointed to two additional government positions – Legal Aid Review Authority under the Legal Services Act, and Criminal Justice Assistance Reimbursement Scheme Assessor.

Warwick is available to accept appointment as mediator or arbitrator in a broad range of disputes. His terms and conditions, including his standard form of mediation agreement, are available on request.

Wherever possible, a mediation or arbitration fixture will be allocated at an early meeting with counsel, and timetable directions suitable for the particular case will then be made to facilitate the mediation or arbitration going ahead on the scheduled date. At the mediation or arbitration, all parties will be treated with courtesy and respect, so that when they leave the meeting or hearing they will feel that their arguments have been heard and their positions have been understood. All arbitration awards will be given within any agreed timeframes, and (unless the parties agree that reasons are not required) will set out clearly the reasons for the award.

Warwick holds a practising certificate as a barrister, and as such he is required to have a complaints policy, dealing with certain matters prescribed under the Lawyers and Conveyancers Act 2006. For Warwick’s policy, click here.

 

Deputy-Chair of the Sports Tribunal of New Zealand —

Warwick was appointed to the position of Deputy-chair of the Sports Tribunal in December 2021. The Tribunal hears appeals against decisions made by national sports bodies (primarily appeals by athletes contesting their non-selection in New Zealand representative teams). It also hears anti-doping matters referred to it by Drug Free Sport New Zealand.

 

Legal Aid Review Authority —

Warwick was appointed to the statutory role of Legal Aid Review Authority, in June 2022. In that role, he reviews decisions made by the Secretary for Justice relating to the approval of lawyers as providers of legal services on legal aid, under the Legal Services Act 2011.

 

Criminal Justice Assistance Reimbursement Scheme Assessor —

Also in June 2022, Warwick was appointed as an assessor under the Criminal Justice Assistance Reimbursement Scheme, providing recommendations to the Ministry of Justice on reimbursement claims made by witnesses in criminal prosecutions who have suffered certain kinds of financial loss as a result of their involvement as witnesses.

  • Admitted as a barrister and solicitor of the High Court of New Zealand in 1974. Commenced practice as a litigation solicitor in 1975.
  • Partner in national law firm Chapman Tripp from 1989 to 1999. Acted as counsel in a number of New Zealand’s largest commercial disputes of the day. Developed specialisation in intellectual property law.
  • Barrister and arbitrator at Bankside Chambers (formerly 9 Princes Street Chambers), from 2000 to 2013, practising in commercial, intellectual property, and construction law .
  • Admitted to Fellowship (arbitration) of the Arbitrators’ & Mediators’ Institute of New Zealand (AMINZ), in 2001. Member of the AMINZ arbitration panel from 2004 to 2013, and from 2021 to the present.
  • Admitted to the World Intellectual Property Organisation’s (WIPO’s) domain name dispute resolution panel, in 2001. Approximately 160 domain name decisions given since then, including 15 as chair of 3-member international panels.
  • Appointed to the Copyright Tribunal of New Zealand, in 2012. Sat as Deputy-chair of the Tribunal in 2013.
  • Appointed by the New Zealand Intellectual Property Office to the role of Assistant Commissioner of Trade Marks, Patents, Designs and Plant Varieties, in 2013.
  • Appointed an Associate Judge of the High Court of New Zealand, in January 2014. Sat as an Associate Judge from 2014 to 2021.

Appointments as mediator or arbitrator should be made by the parties’ solicitors.

warwick@warwicksmithadr.co.nz
+64 27 496 3828

Princes Chambers,
3 Princes Street,
Auckland 1010

PO Box 558,
Shortland Street,
Auckland 1140