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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
Arbitral Tribunal
Arbitration
Arbitration Rules
Arbitrator
Award
Business Day
Chairman
Claim
Company
Confidential Information
Corporate Dispute
Costs
Counter-claim
Dispute
Emergency Arbitrator
Expert
Final Award
Governing Law
Group Company
Hearing
Institution
Interim Measure
Notice of Arbitration
Parent Company
Parties
Preliminary Meeting
Proceedings
Related Entity
Response
Rules
Seat of Arbitration
Secretary
Subsidiary
Terms of Reference
Tribunal Secretary
Working Day
Writing
Recitals
Definitions
Scope of Agreement
Agreement to Arbitrate
Governing Law
Seat of Arbitration
Language of Arbitration
Arbitration Rules
Arbitrator Appointment
Arbitrator Qualifications
Constitution of Tribunal
Powers of Tribunal
Confidentiality
Document Disclosure
Evidence
Hearings
Expert Determination
Interim Measures
Emergency Relief
Costs and Fees
Time Limits
Awards
Enforcement
Joinder and Consolidation
Notices
Force Majeure
Severability
Waiver
Entire Agreement
Amendment
Assignment
Execution
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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