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Oral Arbitration Agreement
"I need an Oral Arbitration Agreement under New Zealand law for a dispute between two Auckland-based construction companies, with expedited procedures and a sole arbitrator provision, to be effective from March 2025."
1. Parties: Identification and details of all parties entering into the arbitration agreement
2. Background: Context of the relationship between the parties and circumstances leading to the oral arbitration agreement
3. Definitions: Key terms used in the agreement and their agreed meanings
4. Agreement to Arbitrate: Clear statement of parties' agreement to submit disputes to arbitration
5. Scope of Arbitration: Types of disputes covered by the arbitration agreement
6. Arbitrator Appointment: Process for selecting and appointing arbitrators
7. Governing Law: Confirmation that New Zealand law governs the arbitration agreement
8. Language and Venue: Specified language and location for arbitration proceedings
9. Costs: Agreement on how arbitration costs will be allocated
10. Confidentiality: Requirements for maintaining confidentiality of the arbitration process
1. Multi-tiered Dispute Resolution: Include when parties want to specify preliminary steps before arbitration, such as negotiation or mediation
2. Emergency Arbitrator: Include when parties want provision for urgent interim relief
3. Expert Determination: Include when technical matters may require expert determination
4. Joinder and Consolidation: Include when multiple parties or related disputes might need to be joined
5. Appeals Process: Include if parties want to allow appeals on points of law
6. Interim Measures: Include when parties want to specifically address the availability of interim relief
7. Time Limits: Include when parties want to set specific deadlines for various stages of the arbitration
1. Schedule 1: Arbitration Rules: Detailed arbitration rules chosen by the parties (e.g., AMINZ Rules, ICC Rules)
2. Schedule 2: Arbitrator Qualifications: Specific qualifications or requirements for appointed arbitrators
3. Schedule 3: Fee Structure: Detailed breakdown of arbitration costs and fee arrangements
4. Appendix A: Dispute Notice Template: Template for initiating arbitration proceedings
5. Appendix B: Timeline: Expected timeline for various stages of the arbitration process
Authors
Commercial Trade
Construction
Professional Services
Manufacturing
Retail
Information Technology
Agriculture
Financial Services
Transportation
Real Estate
Energy
Maritime Trade
Legal
Compliance
Risk Management
Commercial Operations
Business Development
Contract Administration
Corporate Governance
Executive Leadership
Procurement
Operations
Legal Counsel
Contract Manager
Business Development Manager
Commercial Director
Risk Manager
Compliance Officer
Chief Legal Officer
Operations Manager
Project Manager
Chief Executive Officer
Chief Financial Officer
Procurement Manager
Company Secretary
General Manager
Dispute Resolution Specialist
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