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Arbitration Submission Agreement
I need an Arbitration Submission Agreement under German law for a dispute between our manufacturing company and a Chinese supplier regarding defective industrial equipment worth €2.5M, with arbitration to be conducted in English by a three-member tribunal in Frankfurt, starting March 2025.
1. Parties: Identification of all parties to the arbitration agreement, including full legal names and addresses
2. Background: Description of the existing dispute and any relevant background information leading to the agreement to arbitrate
3. Definitions: Key terms used throughout the agreement, including technical or legal terms specific to the dispute
4. Agreement to Arbitrate: Express agreement of the parties to submit their dispute to arbitration and waiver of right to litigate
5. Scope of Arbitration: Precise description of the disputes covered by the arbitration
6. Arbitration Procedure: Details of the arbitration process, including applicable rules, seat of arbitration, and language
7. Appointment of Arbitrators: Process for selecting arbitrators, including number of arbitrators and qualification requirements
8. Costs and Fees: Allocation of arbitration costs and fees between the parties
9. Governing Law: Specification of German law as governing law and relevant procedural rules
10. Final Award: Provisions regarding the binding nature of the award and its enforcement
1. Confidentiality: Provisions for maintaining confidentiality of the arbitration proceedings and documents, used when parties want explicit confidentiality obligations
2. Interim Measures: Provisions allowing parties to seek interim relief from courts or tribunal, important for cases requiring urgent measures
3. Multi-Party Provisions: Special provisions for cases involving multiple parties, including joinder and consolidation
4. Document Disclosure: Specific rules for document production and exchange, useful in complex cases with extensive documentation
5. Expert Determination: Provisions for appointment and role of technical experts, relevant in disputes requiring specialized knowledge
6. Settlement and Mediation: Provisions allowing for settlement attempts or mediation before or during arbitration
1. Schedule 1: Dispute Details: Detailed description of the dispute, including relevant facts, claims, and relief sought
2. Schedule 2: Arbitration Rules: Copy or reference to the specific arbitration rules being adopted
3. Schedule 3: Timeline: Proposed timeline for the arbitration proceedings
4. Schedule 4: Documents: List of key documents relevant to the dispute
5. Schedule 5: Special Procedures: Any agreed special procedures or modifications to standard arbitration rules
6. Appendix A: Powers of Attorney: If applicable, powers of attorney for party representatives
Authors
Arbitral Tribunal
Arbitration
Arbitration Rules
Award
Business Day
Claim
Claimant
Confidential Information
Costs
Dispute
Effective Date
Emergency Arbitrator
Expert
Final Award
Governing Law
Hearing
Initial Conference
Interim Measures
Language of Arbitration
Notice
Parties
Procedural Timetable
Proceedings
Related Documents
Respondent
Rules
Seat of Arbitration
Statement of Claim
Statement of Defense
Supporting Documents
Technical Expert
Tribunal Secretary
Underlying Contract
Written Submissions
Recitals
Definitions
Agreement to Arbitrate
Scope of Arbitration
Appointment of Arbitrators
Arbitration Procedure
Governing Law
Seat of Arbitration
Language
Confidentiality
Costs and Fees
Interim Measures
Evidence and Disclosure
Expert Determination
Time Limits
Notices
Entire Agreement
Severability
Amendment
Waiver
Force Majeure
Assignment
Third Party Rights
Counterparts
Binding Effect
Representation and Authority
Data Protection
Dispute Resolution
Recognition and Enforcement
Manufacturing
Construction
International Trade
Financial Services
Technology
Energy
Real Estate
Infrastructure
Telecommunications
Professional Services
Maritime
Aviation
Pharmaceutical
Mining and Resources
Legal
Compliance
Risk Management
Corporate Affairs
Executive Leadership
Commercial Operations
Business Development
Finance
Operations
General Counsel
Legal Director
Head of Legal
Corporate Lawyer
Dispute Resolution Manager
Compliance Officer
Chief Legal Officer
Legal Operations Manager
Contract Manager
Risk Manager
Chief Executive Officer
Chief Financial Officer
Commercial Director
Business Development Director
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