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Pre Dispute Arbitration Agreement Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
The Pre-Dispute Arbitration Agreement is a preventive legal instrument designed to establish clear procedures for dispute resolution before any conflicts arise. This document is particularly valuable for parties entering into business relationships who wish to benefit from Switzerland's highly regarded arbitration system, known for its neutrality, efficiency, and strong legal framework. The agreement, governed by Swiss law, typically includes essential elements such as the scope of arbitrable disputes, the selection of arbitrators, the seat of arbitration, and the applicable procedural rules. It's commonly used in international commercial relationships where parties seek a neutral, reliable, and confidential dispute resolution mechanism. The document draws its legal foundation from Swiss legislation, particularly the Swiss Private International Law Act (PILA) for international arbitration and the Swiss Civil Procedure Code for domestic cases, ensuring robust enforceability both within Switzerland and internationally through the New York Convention.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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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Relevant Industries

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

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Business Development

International Operations

Commercial Operations

Contract Administration

Corporate Affairs

Executive Leadership

Relevant Roles

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

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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