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International Commercial Arbitration Agreement
"I need an International Commercial Arbitration Agreement under Dutch law for a technology licensing dispute between a US software company and a Dutch manufacturer, with specific provisions for intellectual property disputes and confidentiality of trade secrets."
1. Parties: Identification and details of all contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Agreement to Arbitrate: Core agreement to submit disputes to arbitration and scope of arbitrable matters
5. Arbitration Rules: Specification of which arbitration rules will govern (e.g., NAI, ICC, UNCITRAL)
6. Seat of Arbitration: Designation of the Netherlands as the seat and specification of the city
7. Language of Arbitration: Specification of the language(s) to be used in the arbitration proceedings
8. Composition of Arbitral Tribunal: Number of arbitrators and method of appointment
9. Governing Law: Specification of Dutch law as governing law and any other applicable laws
10. Awards: Provisions regarding the nature of award (final and binding), timing, and form
11. Costs: Allocation of arbitration costs and legal fees
12. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
13. Notices: Process for serving notices related to the arbitration
14. Signature Block: Execution provisions and signature spaces for all parties
1. Emergency Arbitrator: Provisions for emergency relief before the constitution of the arbitral tribunal
2. Multi-Party Provisions: Special provisions for cases involving more than two parties
3. Joinder and Consolidation: Provisions allowing related arbitrations to be joined or consolidated
4. Expert Determination: Provisions for technical matters to be referred to expert determination
5. Mediation Step: Requirement to attempt mediation before proceeding to arbitration
6. Document Production: Specific rules for document production and evidence gathering
7. Appeals: Provisions regarding possible appeals of the arbitral award
8. Split Clauses: Provisions giving one or both parties the option to choose between arbitration and litigation
1. Schedule 1: Arbitration Rules: Complete set of chosen arbitration rules if not publicly available
2. Schedule 2: Fee Schedule: Details of arbitration costs, administrative fees, and arbitrator fees
3. Schedule 3: Procedural Timetable: Template or guidelines for the arbitration timeline
4. Schedule 4: Document Production Procedures: Detailed procedures for document requests and production
5. Appendix A: Model Notice of Arbitration: Template for initiating arbitration proceedings
6. Appendix B: Model Response to Notice: Template for responding to arbitration notice
7. Appendix C: Approved Arbitrator List: Pre-approved list of arbitrators if agreed by parties
Authors
Manufacturing
International Trade
Technology
Financial Services
Energy
Construction
Shipping and Maritime
Pharmaceuticals
Telecommunications
Professional Services
Agriculture
Real Estate
Aviation
Consumer Goods
Legal
Compliance
International Business Development
Corporate Affairs
Risk Management
Executive Leadership
Commercial Operations
Contract Administration
Dispute Resolution
Corporate Governance
General Counsel
Legal Director
Chief Legal Officer
Commercial Director
Contract Manager
International Business Development Manager
Compliance Officer
Legal Counsel
Corporate Secretary
Risk Manager
Chief Executive Officer
Chief Financial Officer
Head of International Operations
Director of Legal Affairs
Senior Legal Counsel
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