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Company Arbitration Agreement
I need a Company Arbitration Agreement for a German technology company and its five subsidiaries, with specific provisions for IP disputes and mandatory mediation before arbitration, to be implemented by March 2025.
1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and the parties' intention to submit disputes to arbitration
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Arbitration: Clear definition of which disputes are covered by the arbitration agreement
5. Arbitration Rules: Specification of the arbitration rules to be applied (e.g., DIS Rules, ICC Rules)
6. Seat of Arbitration: Designation of the place of arbitration and applicable procedural law
7. Language of Arbitration: Specification of the language(s) to be used in arbitration proceedings
8. Number and Appointment of Arbitrators: Process for selecting arbitrators and size of the tribunal
9. Governing Law: Specification of German law as the governing law of the agreement
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 provisions
1. Emergency Arbitrator Provisions: Procedures for urgent interim relief before the constitution of the arbitral tribunal
2. Multi-tiered Dispute Resolution: Including meditation or negotiation steps before arbitration begins
3. Joinder and Consolidation: Provisions for joining additional parties or consolidating related arbitrations
4. Document Preservation: Specific requirements for maintaining relevant documents
5. Expert Determination: Provisions for technical matters to be determined by experts
6. Appeals Process: Additional provisions for appealing arbitral awards where permitted
7. Specialized Industry Provisions: Industry-specific arbitration requirements or procedures
1. Schedule 1: Arbitration Rules: Complete copy or reference to the chosen arbitration rules
2. Schedule 2: Fee Schedule: Detailed breakdown of arbitration costs and fee structures
3. Schedule 3: Notice Requirements: Specific procedures and addresses for serving notices
4. Schedule 4: Model Arbitrator Declaration: Template for arbitrator independence and impartiality declarations
5. Appendix A: Defined Corporate Disputes: Detailed list of specific types of disputes covered by the agreement
6. Appendix B: Expedited Procedure Requirements: Specific thresholds and procedures for expedited arbitration
Authors
Manufacturing
Technology
Financial Services
Professional Services
Energy
Healthcare
Real Estate
Construction
Retail
Telecommunications
Transportation
Industrial
Consumer Goods
Media and Entertainment
Insurance
Legal
Corporate Affairs
Compliance
Risk Management
Executive Leadership
Corporate Governance
Business Development
Commercial
Operations
Strategy
International Business
General Counsel
Legal Director
Corporate Secretary
Chief Executive Officer
Chief Legal Officer
Head of Legal
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Board Member
Managing Director
Chief Operating Officer
Head of Corporate Affairs
Commercial Director
Business Development Director
Company Secretary
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