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Applicable Law Arbitration Agreement
"I need an Applicable Law and Arbitration Agreement for a joint venture between our Austrian manufacturing company and a German technology provider, with VIAC arbitration in Vienna and specific provisions for technical disputes to be resolved by expert determination."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Governing Law: Clear designation of Austrian law as the governing law of the underlying relationship
5. Arbitration Agreement: Core arbitration provisions including scope of arbitrable disputes and agreement to arbitrate
6. Arbitration Rules: Specification of applicable arbitration rules (e.g., VIAC Rules) and any modifications
7. Arbitral Tribunal: Number of arbitrators and appointment procedure
8. Seat of Arbitration: Specification of the arbitration seat and venue for hearings
9. Language of Arbitration: Official language(s) for the arbitration proceedings
10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
11. Costs: Allocation of arbitration costs and legal fees
12. Final Provisions: Severability, entire agreement, and amendment procedures
1. Emergency Arbitration: Provisions for emergency relief before tribunal constitution, typically when using institutional rules that provide for this
2. Multi-tier Dispute Resolution: Including preliminary steps like negotiation or mediation before arbitration, if parties want a stepped approach
3. Interim Measures: Specific provisions on interim relief and court assistance, if parties want to elaborate beyond institutional rules
4. Document Production: Specific rules for document disclosure if parties want to modify institutional rules
5. Expert Determination: Provisions for technical matters to be referred to expert determination rather than arbitration
6. Joinder and Consolidation: Provisions for multiple parties or related contracts, if relevant to the business relationship
7. Time Limits: Specific deadlines for various stages of the arbitration, if parties want to modify institutional rules
1. Notice Details: Contact information and addresses for service of notices
2. Model Notice of Arbitration: Template for initiating arbitration proceedings
3. Fee Schedule: Reference to applicable arbitration fees if not using institutional rules
4. Arbitrator Qualifications: Specific requirements for arbitrator expertise or qualifications
5. Related Agreements: List of agreements covered by the arbitration clause if multiple contracts involved
Authors
Manufacturing
International Trade
Financial Services
Technology
Construction
Energy
Telecommunications
Professional Services
Retail
Healthcare
Real Estate
Transportation
Infrastructure
Consumer Goods
Industrial Products
Legal
Compliance
Corporate Governance
Risk Management
Business Development
Commercial Operations
International Operations
Contract Administration
Corporate Affairs
Executive Leadership
General Counsel
Legal Director
Corporate Lawyer
Contract Manager
Legal Operations Manager
Compliance Officer
Chief Legal Officer
Business Development Director
Commercial Director
Risk Manager
Chief Executive Officer
Chief Operating Officer
International Business Manager
Project Manager
Corporate Secretary
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