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Forced Arbitration Agreement

Forced Arbitration Agreement Template for Switzerland

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Key Requirements PROMPT example:

Forced Arbitration Agreement

"I need a Forced Arbitration Agreement for my Swiss technology company to use with all new employees starting from January 2025, with proceedings to be conducted in English and arbitration seat in Geneva."

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Document background
The Forced Arbitration Agreement serves as a crucial legal instrument for organizations seeking to establish a predictable and efficient dispute resolution mechanism under Swiss law. This document is typically implemented at the outset of a business relationship or employment arrangement to ensure that any future disputes are resolved through arbitration rather than court litigation. Switzerland's sophisticated arbitration framework, supported by the PILA and extensive jurisprudence, makes it an ideal jurisdiction for such agreements. The document includes essential provisions regarding arbitrator selection, applicable rules, procedural matters, and cost allocation, while ensuring compliance with Swiss mandatory laws. It's particularly valuable for international business relationships due to Switzerland's neutral status and the strong enforceability of Swiss arbitral awards worldwide.
Suggested Sections

1. Parties: Identification of all parties entering into the arbitration agreement, including their full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Key terms used throughout the agreement, including specific arbitration-related terminology

4. Agreement to Arbitrate: Clear and explicit statement of the parties' agreement to submit disputes to arbitration, including the scope of arbitrable matters

5. Arbitration Rules and Procedures: Specification of the applicable arbitration rules (e.g., Swiss Rules, ICC Rules) and basic procedural framework

6. Seat of Arbitration: Designation of the place of arbitration within Switzerland and the governing law of the arbitration agreement

7. Language of Arbitration: Specification of the language(s) in which the arbitration will be conducted

8. Number and Appointment of Arbitrators: Process for selecting arbitrators and the size of the arbitral tribunal

9. Costs and Fees: Allocation of arbitration costs and fees between the parties

10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and related documents

11. Final and Binding Nature: Confirmation that the arbitral award will be final and binding on the parties

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Emergency Relief: Procedures for seeking emergency relief or interim measures, recommended for complex commercial relationships

2. Multi-tier Dispute Resolution: Including mediation or negotiation steps before arbitration, useful for ongoing business relationships

3. Joinder and Consolidation: Provisions for adding parties or consolidating related arbitrations, relevant for multi-party business relationships

4. Document Preservation: Requirements for maintaining relevant documents, important in document-intensive disputes

5. Specific Industry Provisions: Industry-specific arbitration requirements or procedures, necessary for regulated industries

6. Appeals Process: Any agreed procedure for challenging the award within the limits of Swiss law, though rarely included

7. Severability: Provision ensuring survival of valid parts if others are found invalid, recommended for complex agreements

Suggested Schedules

1. Schedule 1 - Arbitration Rules: Detailed procedural rules chosen by the parties, if not referring to institutional rules

2. Schedule 2 - Fee Schedule: Detailed breakdown of arbitration costs, administrative fees, and arbitrator compensation

3. Schedule 3 - Notice Requirements: Specific requirements for serving notices and communications related to the arbitration

4. Appendix A - Model Notice of Arbitration: Template for initiating arbitration proceedings

5. Appendix B - Arbitrator Qualifications: Specific qualifications or expertise required for arbitrators

6. Appendix C - Time Limits Overview: Summary of all time limits and deadlines in the arbitration process

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions



























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Relevant Industries

Financial Services

Banking

Insurance

Manufacturing

Technology

Professional Services

Healthcare

Construction

Real Estate

Retail

Telecommunications

Energy

Transportation

Hospitality

Education

Consulting

Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Procurement

Operations

Executive Leadership

Business Development

Contract Administration

Corporate Affairs

Employee Relations

Relevant Roles

Chief Legal Officer

General Counsel

Legal Director

HR Director

Chief Human Resources Officer

Compliance Officer

Risk Manager

Contract Manager

Legal Counsel

Employment Lawyer

Corporate Lawyer

Business Development Director

Procurement Manager

Operations Director

Chief Executive Officer

Chief Operating Officer

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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