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Arbitration Contract
"I need an Arbitration Contract for a joint venture between a New Zealand technology company and a Singapore-based software developer, with provisions for virtual hearings and specific clauses addressing intellectual property disputes."
1. Parties: Identifies and defines all parties to the arbitration agreement
2. Background: Provides context for the agreement and explains the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement
4. Agreement to Arbitrate: States the parties' explicit agreement to submit disputes to arbitration and the scope of arbitrable matters
5. Arbitration Tribunal: Details the number of arbitrators, their qualifications, and the appointment process
6. Seat and Language: Specifies the legal seat of arbitration and the language in which proceedings will be conducted
7. Governing Law: Establishes New Zealand law as the governing law and specifies which rules apply to the substance of disputes
8. Arbitration Proceedings: Outlines the procedures for conducting the arbitration, including timelines and evidence submission
9. Costs and Fees: Addresses the allocation of arbitration costs, tribunal fees, and party expenses
10. Awards: Describes the nature of awards, time limits for rendering awards, and enforcement provisions
11. Confidentiality: Sets out confidentiality obligations regarding the arbitration and its outcomes
12. Notices: Specifies how formal communications between parties should be made and delivered
1. Emergency Arbitrator: Procedures for appointing an emergency arbitrator for urgent interim relief, used in complex commercial arbitrations
2. Multi-party Provisions: Special provisions for arbitrations involving more than two parties, including appointment procedures and cost allocation
3. Mediation-Arbitration: Provisions for attempting mediation before proceeding to arbitration, useful for parties wanting to preserve business relationships
4. Expert Determination: Procedures for appointing expert determiners for technical matters, relevant in industry-specific disputes
5. Appeals Process: Provisions for appealing arbitral awards, typically included only in high-value or complex disputes
6. Technology and Virtual Hearings: Specific provisions for conducting virtual hearings and using technology platforms, relevant for international arbitrations or during travel restrictions
1. Schedule 1 - Arbitration Rules: Detailed procedural rules governing the conduct of the arbitration
2. Schedule 2 - Tribunal Fees: Fee schedule for arbitrators and administrative costs
3. Schedule 3 - Notice of Arbitration Form: Template form for initiating arbitration proceedings
4. Schedule 4 - Tribunal Appointment Process: Detailed procedures for appointing arbitrators and constituting the tribunal
5. Appendix A - Code of Ethics: Ethical guidelines for arbitrators and parties during the proceedings
6. Appendix B - Document Production Protocol: Guidelines for requesting and producing documents during arbitration
Authors
Construction
Manufacturing
Financial Services
Technology
Energy
International Trade
Real Estate
Professional Services
Maritime
Infrastructure
Mining
Telecommunications
Legal
Compliance
Risk Management
Commercial Operations
Business Development
Corporate Affairs
Procurement
Executive Leadership
Contract Administration
Dispute Resolution
General Counsel
Legal Director
Contract Manager
Risk Manager
Commercial Director
Chief Legal Officer
Compliance Officer
Legal Counsel
Business Development Manager
Project Manager
Operations Director
Chief Executive Officer
Chief Financial Officer
Procurement Manager
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