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Dispute Resolution Agreement
1. Parties: Identification and details of all parties entering into the dispute resolution agreement
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Agreement: Details of what types of disputes are covered by the agreement
5. Negotiation Process: Initial step of dispute resolution, including timeframes and procedures for direct negotiations
6. Mediation Procedure: Process for mediation, including mediator selection and conduct of mediation
7. Arbitration Procedure: Details of the arbitration process, tribunal composition, and applicable rules
8. Costs and Fees: Allocation of costs for different dispute resolution processes
9. Confidentiality: Obligations regarding confidentiality of the dispute resolution processes
10. Notices: How formal communications between parties should be made
11. Governing Law: Confirmation of Danish law as governing law and jurisdiction
12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Emergency Arbitrator Provisions: Include when parties want the option of emergency relief before the constitution of the arbitral tribunal
2. Multi-Tier Escalation: Include when parties want a mandatory escalation process through different levels of management before formal proceedings
3. Expert Determination: Include when technical or specialized disputes may require expert determination as an alternative
4. Online Dispute Resolution: Include when parties want to incorporate virtual proceedings and electronic communications
5. Consumer Protection Provisions: Include when one party is a consumer to ensure compliance with Danish consumer protection laws
6. Multi-Party Provisions: Include when more than two parties are involved in the agreement
7. Language of Proceedings: Include when parties are from different jurisdictions to specify the language(s) to be used
1. Schedule 1: Mediation Rules: Detailed rules and procedures for the conduct of mediation
2. Schedule 2: Arbitration Rules: Comprehensive rules for the conduct of arbitration proceedings
3. Schedule 3: Fee Schedule: Detailed breakdown of fees for different types of proceedings and administrators
4. Schedule 4: Notice Forms: Template forms for initiating different types of dispute resolution procedures
5. Schedule 5: Code of Conduct: Guidelines for mediators, arbitrators, and other neutral parties
6. Appendix A: Contact Details: List of relevant contact persons and addresses for notices
7. Appendix B: Timeline Templates: Standard timelines for different types of proceedings
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