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The Mutual Arbitration Agreement serves as a crucial legal instrument for parties seeking to establish a clear and efficient dispute resolution mechanism under Swiss law. This document is typically used when parties wish to avoid traditional court litigation and prefer the flexibility, confidentiality, and expertise offered by arbitration. It is particularly valuable for cross-border commercial relationships, given Switzerland's reputation as a neutral and sophisticated arbitration venue. The agreement includes essential provisions required by Swiss arbitration law, including the scope of arbitrable disputes, arbitrator selection procedures, and procedural rules. It can be used either as a standalone agreement or incorporated into broader commercial contracts, providing parties with a reliable framework for resolving future disputes through arbitration rather than court litigation.

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 'Dispute', 'Arbitration', 'Award', etc.

4. Agreement to Arbitrate: Core provision establishing mutual commitment to resolve disputes through arbitration

5. Scope of Arbitration: Clear delineation of which disputes are subject to arbitration and any specific exclusions

6. Arbitration Rules and Governing Law: Specification of applicable arbitration rules (e.g., Swiss Rules) and confirmation of Swiss law as governing law

7. Arbitrator Selection: Process for selecting arbitrators, including number of arbitrators and appointment procedure

8. Place and Language of Arbitration: Specification of the seat of arbitration and the language in which proceedings will be conducted

9. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and any resulting award

10. Costs: Allocation of arbitration costs and legal fees between the parties

11. Final Provisions: Standard closing provisions including entire agreement, amendments, and severability