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Non Arbitration Agreement
I need a Non-Arbitration Agreement under German law for a technology services contract between our German GmbH and a US-based software provider, ensuring all disputes are handled exclusively by courts in Frankfurt, to be effective from March 1, 2025.
1. Parties: Identification and details of all contracting parties, including legal entity status and registration details
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Agreement: Clear delineation of what disputes and matters are covered by the non-arbitration agreement
5. Court Jurisdiction: Specification of which courts have jurisdiction over disputes
6. Exclusion of Arbitration: Express waiver of arbitration as a dispute resolution method
7. Governing Law: Explicit statement that German law governs the agreement
8. Severability: Provision ensuring survival of agreement if parts are found invalid
9. Entire Agreement: Confirmation that this document represents the complete understanding between parties
10. Execution: Signature blocks and execution requirements
1. International Jurisdiction: Additional provisions for cross-border disputes when parties are from different countries
2. Specific Excluded Proceedings: Detailed list of specific types of proceedings where arbitration is excluded, used when certain types of disputes need special attention
3. Mediation Provisions: Optional pre-litigation mediation requirements, when parties want to include alternative dispute resolution methods other than arbitration
4. Cost Allocation: Specific provisions about how legal costs will be handled, particularly relevant for complex commercial relationships
5. Amendment Procedure: Process for modifying the agreement, particularly useful for long-term relationships
1. Schedule 1 - Specified Courts: Detailed hierarchy and contact information of courts having jurisdiction
2. Schedule 2 - Excluded Matters: Comprehensive list of specific matters or disputes excluded from arbitration
3. Schedule 3 - Notice Requirements: Detailed procedures for serving legal notices and court documents
4. Appendix A - Contact Details: Contact information for legal representatives and authorized persons for each party
5. Appendix B - Prior Agreements: List of any existing agreements affected by this non-arbitration agreement
Authors
Manufacturing
Technology
Financial Services
Professional Services
Construction
Healthcare
Retail
Energy
Transportation
Real Estate
Telecommunications
Consumer Goods
Industrial Services
Media and Entertainment
Legal
Compliance
Risk Management
Corporate Governance
Business Development
Operations
Executive Leadership
International Operations
Commercial Operations
Procurement
Legal Counsel
Contract Manager
Business Development Director
Chief Legal Officer
Commercial Director
Risk Manager
Compliance Officer
Corporate Secretary
General Counsel
International Business Manager
Operations Director
Chief Executive Officer
Chief Financial Officer
Procurement Manager
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