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Pre Dispute Arbitration Agreement
"I need a Pre-Dispute Arbitration Agreement under Swiss law for a joint venture between a Swiss pharmaceutical company and a German biotech firm, with specific provisions for expedited proceedings and confidentiality requirements for intellectual property matters."
1. Parties: Identification of all parties entering into the arbitration agreement, including full legal names, registration details, and addresses
2. Background: Context of the relationship between the parties and the purpose of entering into the arbitration agreement
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Agreement to Arbitrate: Clear and unambiguous expression of parties' consent to submit disputes to arbitration
5. Scope of Arbitration: Definition of which disputes are covered by the arbitration agreement
6. Seat of Arbitration: Specification of Switzerland as the seat and the applicable Swiss law
7. Arbitration Rules: Designation of the applicable arbitration rules (e.g., Swiss Rules, ICC Rules)
8. Arbitrator Appointment: Process for selecting arbitrators, including number of arbitrators and appointment procedure
9. Language of Arbitration: Specification of the language(s) to be used in the arbitration proceedings
10. Governing Law: Explicit statement that Swiss law governs the arbitration agreement
11. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
12. Costs: Allocation of arbitration costs and legal fees
13. Final Provisions: Miscellaneous legal provisions including severability and entire agreement clauses
1. Emergency Relief: Provisions for emergency arbitrator proceedings, recommended when parties may need urgent interim relief
2. Multi-Party Provisions: Special provisions for arbitrations involving multiple parties, needed when more than two parties are involved
3. Expert Determination: Provisions for technical matters to be referred to expert determination, useful in technical or industry-specific contexts
4. Mediation Step: Requirement to attempt mediation before arbitration, optional escalation clause
5. Document Production: Specific rules for document production and evidence, useful in complex commercial relationships
6. Appeals Process: Provisions regarding appeals to Swiss Federal Supreme Court, can be excluded if parties wish to waive this right
1. Schedule 1: Notice Requirements: Detailed procedures for serving notices and communications related to the arbitration
2. Schedule 2: Arbitrator Qualifications: Specific qualifications and requirements for arbitrators
3. Schedule 3: Time Limits: Detailed timeline for various steps in the arbitration process
4. Appendix A: Model Notice of Arbitration: Template for initiating arbitration proceedings
5. Appendix B: Fee Schedule: Details of administrative fees and arbitrator compensation if not using institutional rules
6. Appendix C: Model Confidentiality Undertaking: Template for confidentiality agreements for parties involved in the arbitration
Authors
Financial Services
Manufacturing
Technology
International Trade
Construction
Energy
Pharmaceuticals
Professional Services
Real Estate
Telecommunications
Consumer Goods
Transportation and Logistics
Healthcare
Mining and Resources
Agriculture
Media and Entertainment
Legal
Compliance
Risk Management
Corporate Governance
Business Development
International Operations
Commercial Operations
Contract Administration
Corporate Affairs
Executive Leadership
General Counsel
Legal Director
Commercial Director
Chief Executive Officer
Chief Legal Officer
Contract Manager
Legal Counsel
Business Development Director
Risk Manager
Compliance Officer
Corporate Secretary
International Business Manager
Chief Operations Officer
Chief Financial Officer
Head of Legal
Senior Legal Counsel
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