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Pre Dispute Arbitration Agreement
1. Parties: Identification of all parties entering into the arbitration agreement, including their full legal names, registration numbers, and addresses
2. Background: Context of the relationship between the parties and the purpose of entering into this arbitration agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Agreement to Arbitrate: The core provision establishing the parties' agreement to submit disputes to arbitration
5. Scope of Arbitration: Definition of which disputes are covered by the arbitration agreement
6. Arbitration Rules: Specification of which arbitration rules will govern the proceedings (e.g., Danish Institute of Arbitration Rules)
7. Seat of Arbitration: Designation of the legal seat of arbitration
8. Language of Arbitration: Specification of the language(s) to be used in arbitration proceedings
9. Number and Appointment of Arbitrators: Process for selecting arbitrators and specifying the number of arbitrators
10. Governing Law: Specification of Danish law as the governing law of the arbitration agreement
11. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings
12. Costs: Allocation of arbitration costs and legal fees
13. Notices: Process for serving notices related to the arbitration
14. Execution: Signature blocks and execution formalities
1. Emergency Arbitrator: Provisions for emergency relief before the constitution of the arbitral tribunal, used in cases where urgent interim measures might be needed
2. Multi-Party Provisions: Specific provisions for arbitration involving multiple parties, used when more than two parties might be involved in potential disputes
3. Joinder and Consolidation: Provisions allowing for joining additional parties or consolidating related arbitrations, used in complex commercial relationships
4. Document Preservation: Obligations regarding preservation of documents relevant to potential disputes, used in document-intensive industries
5. Mediation Step: Requirement to attempt mediation before commencing arbitration, used when parties want to encourage amicable dispute resolution
6. Expert Determination: Provisions for referring specific technical matters to expert determination, used in technical or specialized industry contexts
1. Schedule 1: Notice Details: Contact details for service of notices for each party
2. Schedule 2: Fast Track Procedures: Specific procedures for expedited arbitration of smaller claims
3. Schedule 3: Fee Schedule: Details of administrative fees and arbitrator fees if not using institutional rules
4. Appendix A: Model Notice of Arbitration: Template for initiating arbitration proceedings
5. Appendix B: Arbitrator Qualifications: Specific qualifications required for arbitrators in specialized disputes
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