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Mandatory Mediation And Arbitration Agreement

Mandatory Mediation And Arbitration Agreement Template for India

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Key Requirements PROMPT example:

Mandatory Mediation And Arbitration Agreement

"Need a Mandatory Mediation and Arbitration Agreement for our Indian technology services company that handles international clients, with specific provisions for virtual proceedings and enforcement of awards in multiple jurisdictions."

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Document background
This Mandatory Mediation And Arbitration Agreement is designed for use in the Indian legal context where parties wish to establish a clear and binding alternative dispute resolution mechanism. The document becomes particularly relevant in commercial relationships where parties prefer to avoid time-consuming and costly court litigation. It incorporates the requirements of the Arbitration and Conciliation Act, 1996, the Commercial Courts Act, 2015, and other relevant Indian legislation. The agreement mandates that parties must first attempt to resolve disputes through mediation before proceeding to arbitration, providing a structured approach to dispute resolution while maintaining confidentiality and potentially preserving business relationships. It's particularly valuable for ongoing commercial relationships where quick and efficient dispute resolution is essential for business continuity.
Suggested Sections

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context and purpose of the agreement, including the relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Agreement: Specifies which disputes are covered by the mediation and arbitration provisions

5. Mandatory Mediation: Details of the mandatory mediation process, including timeframes and procedures

6. Arbitration Procedure: Comprehensive provisions for the arbitration process if mediation fails

7. Appointment of Mediator/Arbitrator: Process for selecting and appointing mediators and arbitrators

8. Costs and Fees: Allocation of costs for mediation and arbitration proceedings

9. Confidentiality: Confidentiality obligations for all parties during both mediation and arbitration

10. Governing Law: Specification of Indian law as the governing law and relevant jurisdictional provisions

11. Notices: Process and requirements for serving notices under the agreement

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Emergency Arbitrator Provisions: Provisions for appointing an emergency arbitrator for urgent interim relief

2. Multi-tier Dispute Resolution: Additional tiers of dispute resolution before arbitration, used in complex commercial relationships

3. International Enforcement: Specific provisions for international enforcement of awards, needed when parties are from different countries

4. Virtual Proceedings: Provisions for conducting mediation/arbitration through virtual means, useful in modern business context

5. Language of Proceedings: Specification of language(s) for proceedings, needed in multi-lingual or international contexts

6. Institutional Rules: Reference to specific institutional rules if institutional rather than ad-hoc arbitration is chosen

Suggested Schedules

1. Schedule A - Mediation Procedure: Detailed steps and rules for the mandatory mediation process

2. Schedule B - Arbitration Rules: Comprehensive rules governing the arbitration proceedings

3. Schedule C - Fee Structure: Detailed breakdown of fees for mediators, arbitrators, and administrative costs

4. Schedule D - List of Approved Institutions: List of approved mediation centers and arbitration institutions

5. Appendix 1 - Form of Notice: Template for notices to be issued under the agreement

6. Appendix 2 - Mediator/Arbitrator Qualifications: Required qualifications and experience for mediators and arbitrators

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses































Relevant Industries

Information Technology

Manufacturing

Professional Services

Construction

Real Estate

Healthcare

Financial Services

Retail

E-commerce

Telecommunications

Energy

Infrastructure

Education

Consulting

Transportation and Logistics

Relevant Teams

Legal

Compliance

Risk Management

Commercial Operations

Business Development

Procurement

Corporate Affairs

Contract Administration

Operations

Executive Leadership

Relevant Roles

Legal Counsel

Contract Manager

Chief Legal Officer

Business Development Manager

Commercial Director

Compliance Officer

Risk Manager

Project Manager

Operations Director

Chief Executive Officer

Chief Financial Officer

Procurement Manager

General Counsel

Company Secretary

Legal Operations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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