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Conflict Resolution Agreement
"I need a Conflict Resolution Agreement under Hong Kong law for a joint venture between a technology company and a manufacturing company, with emphasis on expedited arbitration and mandatory mediation before arbitration can commence."
1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Sets out the context and circumstances leading to the agreement, including any existing or potential disputes
3. Definitions: Defines key terms used throughout the agreement to ensure clarity and consistent interpretation
4. Scope of Agreement: Specifies which disputes and matters are covered by the agreement and any exclusions
5. Good Faith Negotiations: Outlines the initial step of direct negotiations between parties before escalating to other resolution methods
6. Mediation Procedure: Details the mediation process, including mediator selection, timeframes, and conduct of mediation
7. Arbitration Procedure: Specifies the arbitration process, including tribunal composition, applicable rules, and seat of arbitration
8. Confidentiality: Establishes confidentiality obligations regarding the dispute and resolution processes
9. Costs and Expenses: Addresses how costs of various dispute resolution processes will be allocated between parties
10. Notices: Specifies how formal communications between parties should be made and delivered
11. Governing Law and Jurisdiction: Confirms Hong Kong law as governing law and specifies jurisdiction for enforcement
12. General Provisions: Includes standard boilerplate clauses such as amendment process, severability, and entire agreement
1. Expert Determination: Include when technical or specialized disputes may require expert determination as an additional resolution method
2. Emergency Relief: Include when parties want to preserve right to seek urgent interim relief from courts or emergency arbitrator
3. Multi-tiered Resolution Process: Include when parties want to establish a mandatory stepped approach to dispute resolution
4. Joinder and Consolidation: Include when multiple related agreements or parties might be involved in disputes
5. Language of Proceedings: Include when parties are from different jurisdictions or multiple languages might be used
6. Document Preservation: Include when specific requirements for document retention and disclosure are needed
7. Settlement Authority: Include when specific requirements about authority to settle disputes need to be established
1. Schedule 1: Mediation Procedures: Detailed procedures for mediation, including mediator selection criteria and time limits
2. Schedule 2: Arbitration Rules: Specific arbitration rules to be followed, potentially incorporating institutional rules
3. Schedule 3: Fee Schedule: Breakdown of fees and costs for different dispute resolution mechanisms
4. Schedule 4: Notice Details: Detailed contact information and addresses for formal notices
5. Appendix A: Form of Notice of Dispute: Template for formally initiating the dispute resolution process
6. Appendix B: Mediator Code of Conduct: Standards and ethics applicable to mediators in the process
7. Appendix C: Confidentiality Agreement: Template confidentiality agreement for all participants in the dispute resolution
Authors
Financial Services
Banking
Insurance
Real Estate and Property Development
Construction
Manufacturing
Technology and Innovation
Professional Services
Retail and Consumer Goods
Healthcare
Education
Logistics and Transportation
Import/Export
Telecommunications
Energy and Utilities
Hospitality and Tourism
Legal
Compliance
Risk Management
Corporate Governance
Commercial Operations
Business Development
Human Resources
Executive Leadership
Project Management
Contract Administration
Operations Management
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Director
Commercial Director
Compliance Officer
Risk Manager
Contract Manager
Business Development Manager
Project Manager
Operations Director
Company Secretary
Managing Partner
Senior Legal Counsel
Corporate Counsel
Relationship Manager
Human Resources Director
Chief Operating Officer
Chief Financial Officer
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