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Valid Arbitration Agreement
"I need a Valid Arbitration Agreement by March 2025 for a joint venture between a Hong Kong technology company and a mainland Chinese manufacturer, with HKIAC rules and provisions for emergency relief."
1. Parties: Identification of all parties entering into the arbitration agreement, including their full legal names, registration numbers (if applicable), and registered addresses
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement, including 'Dispute', 'Arbitration Rules', 'Seat of Arbitration', etc.
4. Agreement to Arbitrate: Clear and unambiguous expression of parties' consent to submit disputes to arbitration
5. Scope of Arbitration: Definition of what disputes are covered by the arbitration agreement
6. Arbitration Rules: Specification of the rules governing the arbitration (typically HKIAC Rules)
7. Seat and Language: Designation of Hong Kong as the seat and specification of the language of arbitration
8. Number and Appointment of Arbitrators: Process for selecting arbitrators and the number of arbitrators
9. Confidentiality: Provisions regarding the confidentiality of the arbitration proceedings and related documents
10. Governing Law: Specification of Hong Kong law as the governing law of the arbitration agreement
11. Costs: Provisions regarding the allocation of arbitration costs
12. Execution: Signature blocks and execution formalities
1. Emergency Relief: Provisions for emergency arbitrator procedures, recommended for agreements where urgent interim relief might be needed
2. Multi-tier Dispute Resolution: Including negotiation and mediation steps before arbitration, useful for long-term commercial relationships
3. Joinder and Consolidation: Provisions allowing additional parties to be joined or multiple arbitrations to be consolidated, relevant for complex multi-party transactions
4. Expert Determination: Provisions for certain technical matters to be referred to expert determination rather than arbitration
5. Interim Measures: Specific provisions on courts' power to grant interim measures in support of arbitration
6. Split Clauses: Giving one or both parties the option to choose between arbitration and litigation, useful in specific commercial contexts
1. Schedule 1 - Arbitration Rules: Full text or reference to the chosen arbitration rules (e.g., HKIAC Rules)
2. Schedule 2 - Arbitrator Qualifications: Specific qualifications or requirements for arbitrators if any special expertise is required
3. Schedule 3 - Notice Details: Contact details and addresses for service of notices related to the arbitration
4. Appendix A - Model Notice of Arbitration: Template for initiating arbitration proceedings
5. Appendix B - Fee Schedule: Reference to or inclusion of applicable arbitration institution fee schedules
Authors
Financial Services
International Trade
Manufacturing
Construction
Technology
Real Estate
Maritime and Shipping
Professional Services
Energy
Infrastructure
Telecommunications
Retail and Consumer Goods
Healthcare
Insurance
Legal
Compliance
Risk Management
Commercial Operations
Corporate Secretariat
Business Development
International Trade
Procurement
Executive Leadership
Contract Administration
Corporate Governance
Dispute Resolution
Legal Counsel
General Counsel
Commercial Director
Chief Legal Officer
Contract Manager
Risk Manager
Compliance Officer
Business Development Manager
Chief Executive Officer
Chief Operating Officer
Project Manager
International Trade Manager
Corporate Secretary
Chief Financial Officer
Procurement Manager
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