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Arbitration Submission Agreement
"I need an Arbitration Submission Agreement under Austrian law for a construction dispute between my company (Austrian GmbH) and our Italian contractor, with three arbitrators and ICC Rules, to be completed by March 2025."
1. Parties: Identification of all parties to the arbitration agreement, including full legal names, registration details, and addresses
2. Background: Description of the existing dispute, including relevant facts, prior attempts at resolution, and confirmation that parties agree to arbitrate
3. Definitions: Definitions of key terms used throughout the agreement
4. Agreement to Arbitrate: Express agreement to submit the specified dispute to arbitration and waiver of right to litigate
5. Scope of Arbitration: Precise definition of the disputes and claims to be submitted to arbitration
6. Arbitration Rules: Specification of the arbitration rules to be applied (e.g., Vienna Rules, ICC Rules, or ad hoc arbitration)
7. Seat of Arbitration: Designation of the arbitration seat and specification that Austrian law governs the arbitration agreement
8. Arbitral Tribunal: Number of arbitrators and method of appointment
9. Language: Specification of the language(s) to be used in the arbitration
10. Applicable Law: Law governing the substance of the dispute
11. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
12. Costs: Provisions regarding allocation of arbitration costs and legal fees
13. Notices: Method and addresses for serving notices related to the arbitration
14. Execution: Signature blocks and execution provisions
1. Interim Measures: Provisions regarding the power to grant interim measures, used when parties want to explicitly address this possibility
2. Document Production: Specific rules for document production and evidence gathering, useful when parties want to establish clear parameters
3. Multi-Party Provisions: Special provisions for arbitrations involving multiple parties, including appointment of arbitrators
4. Expert Determination: Provisions for appointment and role of experts, useful in technical disputes
5. Mediation Step: Requirement to attempt mediation before proceeding to arbitration, if parties want to include this preliminary step
6. Time Limits: Specific deadlines for various stages of the arbitration, used when parties want to ensure expedited proceedings
7. Appeals: Provisions regarding possible appeals or review of the award, if parties want to expand or limit appeal rights
1. Description of Dispute: Detailed description of the dispute, including chronology of events and specific claims
2. Related Agreements: Copies or summaries of relevant contracts or agreements that are central to the dispute
3. Arbitrator Qualifications: Specific qualifications required for the arbitrators
4. Procedural Timetable: Proposed or agreed timeline for the conduct of the arbitration
5. Document Production Protocol: Detailed procedures for document production and exchange
6. Prior Correspondence: Key correspondence between parties regarding the dispute
7. Power of Attorney: If applicable, powers of attorney for representatives signing the agreement
Authors
Construction
Financial Services
Manufacturing
Energy
Technology
Real Estate
Insurance
International Trade
Infrastructure
Professional Services
Mining
Healthcare
Telecommunications
Transportation
Retail
Legal
Compliance
Risk Management
Corporate Affairs
Commercial Operations
Business Development
Executive Leadership
Finance
Project Management
Operations
General Counsel
Legal Director
Chief Legal Officer
Contract Manager
Dispute Resolution Lawyer
Commercial Director
Risk Manager
Compliance Officer
Legal Counsel
Corporate Secretary
Business Development Manager
Project Manager
Chief Executive Officer
Chief Financial Officer
Operations Director
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