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Arbitration Agreement Independent Contractor
"I need an Arbitration Agreement Independent Contractor under Swiss law for a software development company engaging contractors across Europe, with specific provisions for virtual arbitration proceedings and technical dispute resolution, to be implemented by March 2025."
1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details
2. Background: Context of the agreement, reference to the main independent contractor agreement, and the parties' intention to resolve disputes through arbitration
3. Definitions: Key terms used in the agreement, including 'Dispute', 'Arbitration Rules', 'Seat of Arbitration', etc.
4. Agreement to Arbitrate: Clear statement of the parties' agreement to submit disputes to arbitration, meeting requirements of Article 178 PILA
5. Scope of Arbitration: Definition of disputes covered by the arbitration agreement, including present and future disputes
6. Arbitration Rules: Specification of the applicable arbitration rules (e.g., Swiss Rules of International Arbitration)
7. Seat and Language: Designation of the arbitration seat in Switzerland and the language of proceedings
8. Number and Appointment of Arbitrators: Process for selecting arbitrators and size of the tribunal
9. Governing Law: Specification of Swiss law as governing law for both the arbitration agreement and the underlying contract
10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
11. Costs: Allocation of arbitration costs and legal fees
12. Final Provisions: Severability, entire agreement, and amendment provisions
1. Emergency Relief: Provisions for emergency arbitrator procedures, used when parties want to allow for urgent interim measures
2. Multi-tier Dispute Resolution: Include when parties want to require negotiation or mediation before arbitration
3. Joinder and Consolidation: Include when multiple related contracts or parties might be involved
4. Document Preservation: Special provisions for maintaining relevant documents, important in complex technical contracts
5. Expert Determination: For technical disputes that may require expert evaluation before or during arbitration
1. Schedule 1: Notice Details: Contact information and addresses for arbitration notices
2. Schedule 2: Arbitrator Qualifications: Required qualifications and experience for arbitrators
3. Schedule 3: Fee Schedule: Reference to applicable arbitration institution fees or agreed cost arrangements
4. Appendix A: Model Notice of Arbitration: Template for initiating arbitration proceedings
5. Appendix B: Main Contract Reference: Reference to or excerpt from the main independent contractor agreement showing relationship to this arbitration agreement
Authors
Technology
Consulting
Professional Services
Construction
Engineering
Creative Industries
Financial Services
Healthcare
Education
Software Development
Project Management
Media and Entertainment
Legal
Human Resources
Procurement
Compliance
Risk Management
Operations
Contract Management
Project Management
Business Development
Legal Counsel
Contract Manager
HR Director
Procurement Manager
Project Manager
Business Development Manager
Chief Legal Officer
Compliance Officer
Risk Manager
Operations Director
Freelance Professional
Independent Consultant
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