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Company Arbitration Agreement
"I need a Company Arbitration Agreement for my Dubai-based technology company that will handle disputes with our software development contractors, specifying DIFC as the seat of arbitration and including provisions for emergency arbitration for intellectual property disputes."
1. Parties: Identification of the contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and the parties' intention to resolve disputes through arbitration
3. Definitions: Key terms used throughout the agreement, including 'Dispute', 'Arbitral Tribunal', 'Rules', etc.
4. Agreement to Arbitrate: Clear expression of parties' consent to submit disputes to arbitration and the scope of arbitrable matters
5. Arbitration Procedure: Details of how arbitration will be initiated and conducted, including applicable rules
6. Seat of Arbitration: Specification of the legal seat of arbitration (e.g., UAE mainland, DIFC, or ADGM)
7. Language of Arbitration: Designated language(s) for the arbitration proceedings and documentation
8. Arbitral Tribunal: Number of arbitrators and the process for their appointment
9. Governing Law: Law governing the substance of disputes and the arbitration agreement
10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
11. Costs: Allocation of arbitration costs and legal fees
12. Final and Binding Nature: Confirmation that the arbitral award will be final and binding on the parties
1. Emergency Arbitrator: Provisions for emergency relief before the constitution of the tribunal, particularly relevant for time-sensitive disputes
2. Multi-Party Provisions: Procedures for arbitration involving multiple parties, needed when there are group companies or potential third-party involvement
3. Interim Measures: Powers of the tribunal to grant interim relief, useful for preserving assets or evidence
4. Document Preservation: Obligations regarding maintenance and production of documents, important for complex commercial disputes
5. Expert Determination: Provision for technical matters to be referred to expert determination before or during arbitration
6. Mediation Step: Requirement to attempt mediation before commencing arbitration, useful for maintaining business relationships
7. Joinder and Consolidation: Provisions allowing related arbitrations to be joined or consolidated, relevant for complex corporate relationships
1. Schedule 1: Notice Details: Contact information and addresses for service of notices related to arbitration
2. Schedule 2: Arbitration Rules: Specific institutional rules or modified procedures chosen by the parties
3. Schedule 3: Fee Schedule: Details of administrative fees, arbitrator fees, and other costs
4. Appendix A: Model Notice of Arbitration: Template for initiating arbitration proceedings
5. Appendix B: Corporate Authority Documentation: Evidence of authority to enter into arbitration agreement
6. Appendix C: Model Arbitrator Declaration: Template for arbitrator declarations of independence and impartiality
Authors
Financial Services
Real Estate & Construction
Energy & Natural Resources
Technology
Manufacturing
Trading & Distribution
Healthcare
Hospitality & Tourism
Transportation & Logistics
Professional Services
Retail
Media & Entertainment
Legal
Compliance
Risk Management
Corporate Governance
Executive Leadership
Commercial Operations
Business Development
Contract Management
Corporate Affairs
International Operations
Chief Legal Officer
General Counsel
Legal Director
Corporate Secretary
Chief Executive Officer
Managing Director
Commercial Director
Contract Manager
Risk Manager
Compliance Officer
Business Development Director
Chief Operating Officer
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