Appoint your arbitrator from our experienced team
Each member of the team has attained Fellowship of AMINZ, the highest accreditation for arbitrators available in New Zealand.
The team have an incredible wealth of legal, commercial and practical expertise across all areas of practice: including general contractual disputes, property, construction, natural resources, relationship property and trusts.
You can appoint the individual arbitrator that best suits your needs and the needs of your clients. Each team member can travel to anywhere in the country, offering you the ultimate choice and flexibility.
Your arbitrator is committed to the values of I-Arbitrate.
Mark Colthart (LL.M (Hons), FAMINZ (Arb), FCIArb)
Mark has over 27 years’ experience in commercial arbitration and litigation; the last 15 years of which have been as a barrister at the independent bar. He has specialist expertise in building and construction, infrastructure, and property disputes.
Since becoming a Fellow of AMINZ in 2012, Mark has determined a wide range of disputes, both as sole arbitrator and as chair of a panel of arbitrators, in the areas of construction and infrastructure, civil engineering, architectural design, commercial leases, business sales and purchases, cross-leases, residential and commercial property sales and purchases, shareholder agreements, and contractual disputes.
Mark seeks to provide outcomes to parties that are fast, efficient and fair. He would like to see practitioners become more aware of the benefits and advantages of arbitration, and ultimately see arbitration as the dispute resolution process of choice for commercial disputes.
Mark is on a number of arbitration panels, including AMINZ, the New Zealand Dispute Resolution Centre, the Building Disputes Tribunal, the New Zealand Law Society, the Auckland District Law Society, and the Australian Centre for International Commercial Arbitration. In addition to his paid work, Mark regularly works pro-bono for Citizens Advice Bureau, which helps him keep in touch with real issus of the people in the community.
Areas of expertise and interest:
- Building and construction
- Infrastructure
- Property
- Commercial leases
- Business Sale and Purchase
- Contractual disputes
“I get to the heart of the issue and resolve issues in a cost-effective and timely way.”
Dr. Anna Kirk (PhD, FAMINZ, FCIArb)
Anna is a commercial arbitration specialist, having practised in arbitration for most of her career. She has been involved in arbitrations across a wide range of industries and sectors, including construction, property, natural resources, wholesale/retail and service providers. Anna is a member of Arbitration Panels in New Zealand, Australia, Singapore, Hong Kong and China. Anna is New Zealand’s Member of the ICC International Court of Arbitration.
Anna strongly believes in the flexibility arbitration offers, and wants to see it used more broadly – particularly in commercial disputes. She also understands that every dispute is different, and that different approaches may be required for different disputes. Anna’s extensive experience in arbitration allows her to adapt procedures to best suit the parties’ needs and expectations.
Anna has a PhD in International Law from the University of Cambridge. She is a Fellow of AMINZ and the Chartered Institute of Arbitrators, and is also a member of the AMINZ Council. Anna is a contributing author to New Zealand’s leading arbitration text – Williams & Kawharu on Arbitration – and teaches international arbitration at the University of Auckland.
Areas of expertise and interest:
- Property
- Natural Resouces
- Building and Construction
- International Trade and Investment
- Wholesale/Retail and Services Providers
- Contractual Disputes
“It’s important the parties have a full understanding of the process and feel like they have been heard.”
Ben Vanderkolk (LL.B, FAMINZ, FCIArb)
With over three decades of litigation, prosecution and dispute resolution experience, Ben is regarded by his peers as highly skilled, impartial and independent. He is an active and lateral thinker, who makes clients feel at ease with him by their side. In addition to legal practice, Ben has been entrusted in public sector governance for over 12 years.
Ben believes arbitration is a preferred choice of dispute resolution. It offers pace, flexibility, creativity and ownership to parties in dispute and their advisers. Ben firmly believes it is the function of the arbitrator to deliver timely and cost effective outcomes in arbitration. Ben is confident that arbitration can be used for any type of civil proceeding because it is capable of simplifying litigation processes.
With a Bachelor of Laws from the University of Canterbury (1982), Ben has conducted in excess of 600 defended trials in Crown, civil, private, commercial, and regulatory sectors, involving complex legal, factual, and forensic issues. Ben has served on the NZLS Law Practitioners Disciplinary Tribunal, is recognised by AMINZ as a Fellow, is on the AMINZ Arbitration Panel, and holds Fellowship in CIArb (UK).
Areas of expertise and interest:
- Farming agreements
- Viticulture agreements
- Commercial agreements
- Land
- Shareholding agreements and company valuations
- Trusts and Trustee Act proceedings
- Relationship property
“I truly understand people’s needs when in dispute and their wish to resolve them without delay.”
Malcolm Wallace (LL.B, FAMINZ)
Malcolm has a wide range of experience in dispute resolution, developed over 35 years of legal practice.
As a Southern man, Malcolm’s goal is to bring modern, affordable arbitration to the South Island. Firmly of the view that general litigation is too expensive – mainly because it’s too slow – Malcolm believes that with fresh thinking and a flexible approach, arbitration can streamline dispute resolution to benefit parties and their lawyers.
Vice President of the Council of AMINZ, and a Fellow in Arbitration since 2012, Malcolm began his legal career in 1987. A former partner of Helmore Macdonald and Stanley, and then a member of the litigation team at Wynn Williams & Co, Malcolm gained wide experience in all aspects of private practice before becoming a Barrister in 2006. Malcolm was a council member of the New Zealand Bar Association from 2010 to 2015 holding office as Secretary, Treasurer and South Island Vice-President.
Now with his own arbitration and mediation practice, Malcolm is also a Facilitator for Greater Christchurch Claims Resolution Service (GCCRS), and has been helping parties resolve Earthquake claims over the last 10 years. Malcolm is appointed by lawyers and Judges to facilitate conferencing of expert witnesses in complex trials.
Areas of expertise and interest:
- Relationship property
- Trusts & Estates
- Real estate and Leases
- Shareholder & Partnership
- Construction & Building
- Farming
“I will provide a process that helps the parties resolve their dispute in a cost effective and timely way.“
Nicole Smith (LL.B (Hons), FAMINZ, FCIArb)
Nicole has specialised in arbitration for over 25 years. She works with the parties to design the right process for each dispute.
She has a background in general commercial litigation and arbitration (international and domestic) and has built up her expertise over 25 years.
She is the President of AMINZ (the leading membership organisation for arbitration and mediation professionals in New Zealand) and is a member of Arbitration Panels in New Zealand (AMINZ and NZDRC), Hong Kong and the United Kingdom. She also chairs the complaints Panel for the NZ Registered Architects Board.
Based in Tauranga, Nicole wants to see arbitration become more widely used for commercial disputes and feels that the I-Arbitrate team offer a unique and modern approach. Nicole is a firm believer that a good arbitration process gets to the heart of the issue quickly and tailors the process to achieve a timely outcome.
She obtained an LLB(Hons) degree from the Victoria University of Wellington (1992) and was then admitted to the bar in New Zealand and the UK.
Areas of expertise and interest:
- Energy and Natural Resources
- Business Sale and Purchase
- Leases and Property
- Finance
- Construction & Building
- Commercial Arrangements