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Standard Arbitration Agreement
"I need a Standard Arbitration Agreement for a software development joint venture between my Mumbai-based tech company and a Bangalore startup, with specific provisions for intellectual property disputes and virtual hearings, to be implemented by March 2025."
1. Parties: Identification and details of all parties entering into the arbitration agreement
2. Background: Context of the relationship between the parties and the purpose of the arbitration agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Arbitration: Clear description of what disputes are covered by the arbitration agreement
5. Notice of Arbitration: Process and requirements for initiating arbitration proceedings
6. Appointment of Arbitrators: Process for selecting and appointing arbitrators, including number of arbitrators
7. Arbitration Procedure: Rules governing the conduct of arbitration proceedings
8. Seat and Venue: Specification of the legal seat of arbitration and physical venue for hearings
9. Governing Law: Law governing the arbitration agreement and proceedings
10. Language: Language in which arbitration proceedings will be conducted
11. Awards: Form, timing, and nature of arbitration awards
12. Costs: Allocation and payment of arbitration costs and fees
13. Confidentiality: Obligations regarding confidentiality of proceedings and outcomes
14. Severability: Provision ensuring remainder of agreement remains valid if any part is found invalid
1. Emergency Arbitration: Procedures for emergency relief before constitution of the tribunal
2. Multi-Party Provisions: Special provisions for arbitrations involving more than two parties
3. Mediation-Arbitration: Provision for attempted mediation before proceeding to arbitration
4. Expert Determination: Procedures for appointing experts and handling technical disputes
5. Appeals Process: Provisions for appealing arbitral awards within the arbitration framework
6. Interim Measures: Procedures for obtaining interim relief during arbitration
7. Time Limits: Specific timeframes for various stages of arbitration
8. Virtual Hearings: Provisions for conducting arbitration proceedings online
1. Schedule 1: Arbitrator Qualifications: Required qualifications and experience for arbitrators
2. Schedule 2: Fee Schedule: Detailed breakdown of arbitrator fees and administrative costs
3. Schedule 3: Procedural Timeline: Recommended or mandatory timelines for various stages of arbitration
4. Schedule 4: Notice Forms: Template forms for various notices required during arbitration
5. Appendix A: Code of Ethics: Ethical guidelines for arbitrators and parties
6. Appendix B: Document Production Protocol: Rules and procedures for document disclosure and production
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