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Arbitration Agreement Independent Contractor Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
This Arbitration Agreement Independent Contractor is essential for businesses engaging independent contractors in Switzerland or choosing Swiss law as their governing law. It provides a specialized framework for dispute resolution that maintains the flexibility and neutrality of Swiss arbitration while addressing the unique aspects of independent contractor relationships. The document complies with Swiss arbitration law (particularly Chapter 12 of PILA) and international standards, making it suitable for both domestic and cross-border arrangements. It's particularly valuable when parties seek confidentiality, efficient dispute resolution, and enforcement capabilities across multiple jurisdictions through the New York Convention framework.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























Clauses























Relevant Industries

Technology

Consulting

Professional Services

Construction

Engineering

Creative Industries

Financial Services

Healthcare

Education

Software Development

Project Management

Media and Entertainment

Relevant Teams

Legal

Human Resources

Procurement

Compliance

Risk Management

Operations

Contract Management

Project Management

Business Development

Relevant Roles

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

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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