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Mandatory Arbitration Agreement
"I need a Mandatory Arbitration Agreement under Swiss law for a technology company entering into multiple supplier relationships in Europe, with specific provisions for handling intellectual property disputes and requirements for arbitrators to have tech industry experience."
1. Parties: Identification and details of all parties entering into the arbitration agreement
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Agreement to Arbitrate: Clear statement of parties' agreement to submit disputes to binding arbitration
5. Scope of Arbitration: Specific types of disputes covered by the arbitration agreement
6. Arbitration Rules: Specified rules governing the arbitration (e.g., Swiss Rules of International Arbitration)
7. Seat of Arbitration: Designation of the place of arbitration in Switzerland
8. Language of Arbitration: Specified language(s) for the arbitration proceedings
9. Number and Selection of Arbitrators: Process for appointing arbitrators and size of tribunal
10. Governing Law: Law applicable to both the arbitration agreement and the underlying dispute
11. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings
12. Costs: Allocation of arbitration costs and legal fees
13. Final and Binding Nature: Statement confirming the binding nature of the arbitral award
14. Execution: Signature blocks and execution requirements
1. Emergency Relief: Provisions for emergency arbitrator and interim measures, particularly relevant for commercial disputes
2. Multi-Party Provisions: Additional provisions for agreements involving more than two parties
3. Industry-Specific Provisions: Special requirements for particular industries or regulated sectors
4. Appeal Process: Any agreed procedures for challenging the award, if permitted
5. Mediation Step: Required mediation attempt before proceeding to arbitration
6. Document Production: Specific rules regarding the scope and process of document production
7. Expert Determination: Provisions for appointing and using expert witnesses
8. Time Limits: Specific deadlines for various stages of the arbitration process
1. Schedule 1: Arbitration Rules: Complete set of chosen arbitration rules if not incorporating by reference
2. Schedule 2: Fee Schedule: Detailed breakdown of arbitration costs and fees
3. Schedule 3: Notice Requirements: Specific procedures and addresses for serving notices
4. Schedule 4: Model Arbitration Clause: Standard clause for incorporation into other agreements
5. Appendix A: Arbitrator Qualifications: Required qualifications and experience for arbitrators
6. Appendix B: Procedural Timeline: Expected timeline for various stages of the arbitration process
Authors
Financial Services
Manufacturing
Technology
Professional Services
Construction
Real Estate
Healthcare
Retail
Energy
Telecommunications
Transportation
Insurance
Agriculture
Pharmaceuticals
International Trade
Education
Hospitality
Legal
Compliance
Executive Leadership
Human Resources
Risk Management
Commercial Operations
Procurement
Business Development
International Operations
Contract Administration
General Counsel
Legal Director
Corporate Lawyer
Contract Manager
Chief Legal Officer
Compliance Officer
Legal Counsel
Business Development Director
Chief Executive Officer
Chief Operating Officer
Risk Manager
Human Resources Director
Procurement Manager
Commercial Director
International Business Manager
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