The Voluntary Arbitration Agreement serves as a crucial legal instrument in Irish business and commercial relationships, providing parties with an alternative dispute resolution mechanism to traditional court litigation. This document becomes relevant when parties wish to establish a clear framework for resolving potential future disputes through arbitration, offering greater flexibility, confidentiality, and often more expedient resolution than court proceedings. The agreement must comply with the Irish Arbitration Act 2010 and related legislation, making it suitable for both domestic and international disputes. It typically includes detailed provisions on the arbitration process, appointment of arbitrators, costs, and enforcement mechanisms, while remaining adaptable to specific sector requirements and party needs. The document can be used either as a standalone agreement or incorporated as an arbitration clause within broader commercial contracts.
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1. Parties: Identification of all parties entering into the arbitration agreement
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 provision establishing parties' mutual agreement to submit disputes to arbitration
5. Scope of Arbitration: Specific types of disputes covered by the arbitration agreement
6. Arbitration Process: Framework for initiating and conducting the arbitration
7. Appointment of Arbitrators: Process for selecting and appointing arbitrators
8. Governing Law and Seat: Specification of Irish law as governing law and designation of arbitration seat
9. Costs and Fees: Allocation of arbitration costs and related expenses
10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
11. Signature Block: Execution section including date and signatures
1. Multi-Party Provisions: Additional provisions for agreements involving more than two parties
2. Emergency Arbitrator: Provisions for appointment of emergency arbitrator for urgent relief
3. Mediation First: Requirement to attempt mediation before proceeding to arbitration
4. Expert Determination: Provisions for referring technical matters to expert determination
5. Language of Arbitration: Specification of arbitration language when parties are from different jurisdictions
6. Discovery Procedures: Detailed provisions regarding document production and evidence gathering
7. Appeals Process: Provisions allowing for appeals of arbitration awards
8. Severability: Clause ensuring remainder of agreement survives if any provision is found invalid
1. Schedule 1 - Arbitration Rules: Detailed procedural rules governing the arbitration process
2. Schedule 2 - Fee Schedule: Breakdown of arbitration fees and costs
3. Schedule 3 - Notice Requirements: Specific requirements for serving notices under the agreement
4. Appendix A - Arbitrator Qualifications: Required qualifications and experience for arbitrators
5. Appendix B - Model Notice of Arbitration: Template for initiating arbitration proceedings
6. Appendix C - List of Approved Arbitration Institutions: Pre-approved institutions for administering the arbitration
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