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Non Arbitration Agreement Template for Switzerland

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Key Requirements PROMPT example:

Non Arbitration Agreement

"I need a Non-Arbitration Agreement under Swiss law for a technology licensing relationship between our Swiss software company and a German distributor, with jurisdiction in Zurich courts, to be effective from March 1, 2025."

Document background
This Non-Arbitration Agreement is designed for parties who specifically wish to exclude arbitration and rely on the Swiss court system for dispute resolution. It is particularly valuable in situations where parties prefer the transparency, established precedent, and appeal rights available in state courts, or where the nature of potential disputes makes court litigation more appropriate. The document typically includes detailed provisions about court jurisdiction, service of process, and procedural requirements under Swiss law. It's commonly used in commercial contracts, financial agreements, and business relationships where parties want to ensure access to the Swiss judicial system's robust procedural safeguards and well-developed commercial law jurisprudence. The agreement can be customized to specify particular cantonal courts or the Swiss Federal Supreme Court depending on the nature and value of potential disputes.
Suggested Sections

1. Parties: Identification and details of all contracting parties

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Agreement: Clear definition of transactions, relationships, or matters covered by the non-arbitration agreement

5. Exclusion of Arbitration: Express waiver of arbitration as a dispute resolution method

6. Court Jurisdiction: Specification of competent courts and their jurisdiction

7. Governing Law: Explicit statement that Swiss law governs the agreement

8. Notice Requirements: Procedures for serving legal notices and communications

9. Severability: Provision ensuring remainder of agreement survives if any part is found invalid

10. Entire Agreement: Confirmation that this document represents the complete understanding between parties

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Related Agreements: Reference to other agreements affected by this non-arbitration clause, used when multiple contracts exist between parties

2. Specific Proceedings: Details of particular types of legal proceedings that may be excluded from the non-arbitration agreement, used when certain matters require special treatment

3. Costs and Fees: Allocation of legal costs and court fees, included when parties want to pre-agree cost distribution

4. Alternative Dispute Resolution: Procedures for mediation or negotiation before court proceedings, used when parties want to implement preliminary dispute resolution steps

5. Duration and Termination: Terms for how long the non-arbitration agreement remains in effect, used when agreement is not intended to be perpetual

6. Language of Proceedings: Specification of language for court proceedings, important in multilingual jurisdictions or international contexts

Suggested Schedules

1. Schedule 1 - Affected Agreements: List of existing agreements between the parties affected by this non-arbitration agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive legal notices and represent parties in court proceedings

3. Schedule 3 - Jurisdiction Details: Specific details about chosen courts and their respective jurisdictions

4. Appendix A - Notice Templates: Standard forms for legal notices and communications

5. Appendix B - Power of Attorney: If required, forms for legal representation in court proceedings

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

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