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Mutual Dispute Resolution Agreement
1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context and purpose of the agreement, including any existing business relationships
3. Definitions: Key terms used throughout the agreement
4. Scope of Agreement: Types of disputes covered by the agreement and any exclusions
5. Good Faith Negotiations: Obligation and process for initial direct negotiations between parties
6. Mediation Procedure: Details of the mediation process, including mediator selection and timeframes
7. Arbitration Procedure: Framework for arbitration including tribunal composition, seat, and rules
8. Costs and Expenses: Allocation of costs for different dispute resolution methods
9. Confidentiality: Confidentiality obligations regarding the dispute and resolution processes
10. Notices: Process for serving notices and communications under the agreement
11. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction
12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Emergency Arbitrator Provisions: Procedures for urgent interim relief, used when parties anticipate need for emergency measures
2. Expert Determination: Process for referring technical matters to expert determination, useful for industry-specific disputes
3. Multi-tiered Dispute Resolution: Additional tiers of dispute resolution before arbitration, useful for complex commercial relationships
4. Cross-border Enforcement: Specific provisions for international enforcement, needed when parties are from different jurisdictions
5. Language of Proceedings: Specification of language(s) for dispute resolution, important in international contexts
6. Online Dispute Resolution: Provisions for conducting proceedings online, useful for international parties or pandemic situations
1. Schedule 1: Mediation Procedure Rules: Detailed rules and timeline for the mediation process
2. Schedule 2: Arbitration Rules: Specific arbitration rules to be followed, including any institutional rules
3. Schedule 3: Fee Schedule: Breakdown of costs and fees for different dispute resolution mechanisms
4. Schedule 4: Notice Forms: Template forms for initiating different types of dispute resolution procedures
5. Schedule 5: Mediator/Arbitrator Qualifications: Required qualifications and experience for appointed neutrals
6. Appendix A: Code of Ethics: Ethical guidelines for parties and neutrals during dispute resolution
7. Appendix B: Confidentiality Agreement: Standard form confidentiality agreement for all participants
Authors
Arbitration
Arbitral Tribunal
Arbitration Rules
Business Day
Claim
Confidential Information
Costs
Dispute
Dispute Notice
Effective Date
Emergency Arbitrator
Expert
Expert Determination
Force Majeure Event
Governing Law
Initial Negotiation Period
Mediation
Mediator
Notice
Parties
Party
Proceedings
Representatives
Response
Rules
Seat of Arbitration
Settlement Agreement
Statement of Claim
Statement of Defense
Time Limits
Tribunal
Working Days
Definitions
Good Faith Negotiations
Mediation
Arbitration
Expert Determination
Confidentiality
Costs and Fees
Notice Requirements
Jurisdiction
Governing Law
Time Limits
Emergency Relief
Interim Measures
Tribunal Powers
Evidence
Witnesses
Document Production
Hearing Procedures
Awards
Settlement
Enforcement
Language
Communications
Representatives
Severability
Amendment
Waiver
Force Majeure
Entire Agreement
Assignment
Third Party Rights
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