This Mutual Dispute Resolution Agreement serves as a fundamental framework for parties operating under Indonesian jurisdiction who wish to establish clear, efficient, and cost-effective mechanisms for resolving potential disputes. The document is particularly valuable for businesses engaged in ongoing commercial relationships, joint ventures, or long-term contracts where disputes may arise during the course of business. It incorporates provisions compliant with Indonesian Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, Supreme Court regulations on mediation, and relevant commercial laws. The agreement details step-by-step procedures for dispute resolution, starting from good faith negotiations through to formal arbitration, while maintaining flexibility to accommodate various types of disputes and business relationships.
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1. Parties: Identifies and defines all parties to the agreement, including their legal status and registered addresses
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Agreement: Defines what types of disputes are covered under this agreement
5. Good Faith Negotiations: Procedures for initial informal dispute resolution through direct negotiations
6. Mediation Procedure: Detailed process for mediation, including mediator selection and timeframes
7. Arbitration Procedure: Comprehensive arbitration procedures, including tribunal composition and applicable rules
8. Notices: Requirements for all formal communications under the agreement
9. Costs and Expenses: Allocation of costs for different dispute resolution processes
10. Confidentiality: Obligations regarding confidentiality of dispute resolution proceedings
11. Governing Law: Specifies Indonesian law as the governing law and relevant jurisdiction
12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Expert Determination: Include when technical or specialized disputes may require expert determination
2. Emergency Arbitrator Provisions: Add for situations requiring urgent interim or conservatory measures
3. Multi-tiered Dispute Resolution: Include for complex commercial relationships requiring additional steps before arbitration
4. Specific Industry Dispute Procedures: Add for industry-specific dispute resolution requirements
5. Language of Proceedings: Include when parties are from different countries or where proceedings might be conducted in multiple languages
6. Document Preservation: Add for disputes likely to involve extensive documentation or electronic records
7. Joinder and Consolidation: Include when multiple related agreements or parties might be involved in disputes
1. Schedule 1 - Mediation Rules: Detailed rules and procedures for the mediation process
2. Schedule 2 - Arbitration Rules: Specific arbitration rules and procedures to be followed
3. Schedule 3 - Fee Schedule: Standard fees for different types of dispute resolution processes
4. Schedule 4 - Notice Templates: Standard forms for initiating different dispute resolution procedures
5. Schedule 5 - Mediator/Arbitrator Qualification Requirements: Required qualifications and experience for appointed neutrals
6. Appendix A - Flow Chart of Dispute Resolution Process: Visual representation of the dispute resolution steps and timeline
7. Appendix B - Code of Ethics: Ethical guidelines for participants in the dispute resolution process
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Real Estate
Construction
Energy
Mining
Retail
Healthcare
Telecommunications
Agriculture
Transportation
Logistics
Professional Services
Education
Relevant Teams
Legal
Compliance
Risk Management
Corporate Affairs
Executive Leadership
Operations
Commercial
Business Development
Contract Management
Corporate Governance
Relevant Roles
Chief Legal Officer
General Counsel
Legal Director
Corporate Secretary
Compliance Officer
Risk Manager
Chief Executive Officer
Chief Operating Officer
Contract Manager
Business Development Director
Commercial Director
Project Manager
Head of Operations
Managing Director
Partnership Manager
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