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1. Parties: Identification of the employer and employee entering into the arbitration agreement
2. Background: Context of the agreement, including its relationship to employment and its purpose
3. Definitions: Definitions of key terms used throughout the agreement, including 'Dispute', 'Arbitration', 'Award', etc.
4. Scope of Agreement: Description of what types of disputes are covered by the arbitration agreement
5. Agreement to Arbitrate: Core provision where parties agree to submit covered disputes to arbitration
6. Arbitration Procedures: Details of how the arbitration will be conducted, including selection of arbitrators and applicable rules
7. Costs and Fees: Allocation of arbitration costs and fees between parties
8. Confidentiality: Provisions regarding the confidential nature of arbitration proceedings
9. Governing Law: Specification of Hong Kong law as the governing law
10. Severability: Clause ensuring that if any provision is found invalid, the rest of the agreement remains effective
11. Entire Agreement: Confirmation that this document represents the complete agreement regarding arbitration
1. Language of Arbitration: Specification of the language(s) to be used in arbitration proceedings - relevant for international employees
2. Class Action Waiver: Waiver of right to participate in class actions - include if permitted under Hong Kong law
3. Multiple Jurisdiction Provisions: Additional provisions for employees working across multiple jurisdictions
4. Mediation Requirement: Optional pre-arbitration mediation requirement - include if company policy promotes mediation
5. Emergency Relief: Provisions for seeking emergency relief from courts despite arbitration agreement
6. Remote Proceedings: Provisions for conducting arbitration proceedings remotely - relevant in modern workplace contexts
1. Schedule 1: Arbitration Procedures: Detailed procedures for conducting the arbitration, including timelines and processes
2. Schedule 2: Arbitration Fee Schedule: Breakdown of potential arbitration costs and fee structure
3. Schedule 3: Notice of Arbitration Form: Template form for initiating arbitration proceedings
4. Appendix A: Excluded Claims: List of any claims or disputes explicitly excluded from arbitration
5. Appendix B: Arbitrator Selection Process: Detailed process for selecting and appointing arbitrators
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