Oral Arbitration Agreement Template for Germany

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Key Requirements PROMPT example:

Oral Arbitration Agreement

I need an Oral Arbitration Agreement under German law for a manufacturing joint venture between our German company and a Chinese supplier, with specific provisions for emergency relief and a three-arbitrator tribunal based in Hamburg.

Document background
The Oral Arbitration Agreement serves as a formal record of parties' verbal commitment to resolve disputes through arbitration under German law. This document type is particularly useful in situations where parties have agreed verbally to arbitration and need to document their understanding for future reference and enforcement purposes. While German law generally allows for oral arbitration agreements, documenting them helps ensure clarity and enforceability. The document captures essential elements required under the German Code of Civil Procedure (ZPO), including the scope of arbitrable disputes, arbitrator selection process, and procedural framework. It's commonly used in business relationships where parties prefer flexibility but need a clear dispute resolution mechanism. The Oral Arbitration Agreement also considers international enforceability aspects, particularly relevant when parties operate across borders or when enforcement might be sought under the New York Convention.
Suggested Sections

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 this arbitration agreement

3. Definitions: Key terms used in the agreement, including 'Dispute', 'Arbitration Rules', and any specific technical or legal terms

4. Agreement to Arbitrate: Clear statement of parties' consent to submit disputes to arbitration and waiver of court proceedings

5. Scope of Arbitration: Definition of disputes covered by the arbitration agreement

6. Arbitration Rules: Specification of which arbitration rules will govern (e.g., DIS Rules, ICC Rules)

7. Seat of Arbitration: Designation of the legal seat of arbitration

8. Language of Arbitration: Specification of the language(s) to be used in arbitration proceedings

9. Number and Appointment of Arbitrators: Process for selecting arbitrators and size of tribunal

10. Governing Law: Specification of German law as governing law of the arbitration agreement

Optional Sections

1. Emergency Relief: Procedures for seeking emergency interim measures, include if parties want expedited emergency arbitration options

2. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings, include if specific confidentiality requirements are needed

3. Costs: Allocation of arbitration costs and legal fees, include if parties want specific cost allocation rules

4. Multi-party Provisions: Rules for arbitration involving multiple parties, include if more than two parties might be involved

5. Document Preservation: Requirements for maintaining relevant documents, include if specific document retention rules are needed

6. Time Limits: Specific timeframes for various stages of arbitration, include if expedited proceedings are desired

Suggested Schedules

1. Arbitrator Selection Procedure: Detailed procedure for nominating and selecting arbitrators, including qualifications and timelines

2. Categories of Disputes: Detailed categorization of different types of disputes covered by the agreement, if the scope is complex

3. Contact Details: Contact information for parties and their representatives for arbitration-related notices

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 Industries

Manufacturing

International Trade

Professional Services

Construction

Technology

Real Estate

Retail

Wholesale

Consulting

Transport and Logistics

Energy

Agriculture

Relevant Teams

Legal

Compliance

Risk Management

Commercial Operations

Business Development

Corporate Governance

International Operations

Contract Administration

Dispute Resolution

Corporate Affairs

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Chief Legal Officer

Commercial Director

Compliance Officer

Risk Manager

General Counsel

Operations Manager

Project Manager

Chief Executive Officer

Chief Operating Officer

Business Unit Director

International Trade Manager

Corporate 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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