Company Arbitration Agreement Template for Germany

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Key Requirements PROMPT example:

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.

What is a Company Arbitration Agreement?

This Company Arbitration Agreement is designed for use when corporate entities wish to establish a formal framework for resolving disputes through arbitration rather than traditional litigation. The agreement is particularly relevant for German companies or international companies operating under German law, ensuring compliance with the German Code of Civil Procedure (ZPO) and relevant corporate regulations. It typically includes comprehensive provisions for the arbitration process, including the selection of arbitrators, procedural rules, cost allocation, and enforcement mechanisms. The document is especially useful for corporate groups, affiliated companies, or joint venture partners who prefer confidential, efficient, and specialized dispute resolution. The Company Arbitration Agreement can be customized to address specific industry needs while maintaining the mandatory requirements of German arbitration law.

What sections should be included in a Company Arbitration Agreement?

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

What sections are optional to include in a Company Arbitration Agreement?

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

What schedules should be included in a Company Arbitration Agreement?

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Technology

Financial Services

Professional Services

Energy

Healthcare

Real Estate

Construction

Retail

Telecommunications

Transportation

Industrial

Consumer Goods

Media and Entertainment

Insurance

Relevant Teams

Legal

Corporate Affairs

Compliance

Risk Management

Executive Leadership

Corporate Governance

Business Development

Commercial

Operations

Strategy

International Business

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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