Conflict Resolution Agreement for Malta

Conflict Resolution Agreement Template for Malta

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Conflict Resolution Agreement

"I need a Conflict Resolution Agreement for my Malta-based software company entering into partnerships with several EU-based distributors, with a focus on mandatory mediation before arbitration and specific provisions for intellectual property disputes."

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What is a Conflict Resolution Agreement?

The Conflict Resolution Agreement serves as a crucial legal instrument for businesses and individuals operating under Maltese jurisdiction who wish to establish clear, efficient, and cost-effective procedures for resolving potential disputes. This document is particularly valuable in commercial relationships where parties prefer to avoid traditional litigation and seek alternative dispute resolution methods. The agreement incorporates provisions from Malta's robust legal framework, including the Mediation Act and Arbitration Act, while also considering EU regulations. It typically includes detailed procedures for various resolution methods, from informal negotiations to formal arbitration, confidentiality requirements, cost arrangements, and enforcement mechanisms. The document is especially relevant in Malta's growing international business environment, where clear dispute resolution procedures are essential for maintaining stable business relationships.

What sections should be included in a Conflict Resolution Agreement?

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the relationship between parties and purpose of establishing dispute resolution procedures

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Agreement: Types of disputes covered by the agreement and any specific exclusions

5. Good Faith Negotiations: Obligation and process for initial direct negotiations between parties

6. Mediation Procedure: Detailed process for initiating and conducting mediation, including mediator selection

7. Arbitration Procedure: Process for arbitration if mediation fails, including tribunal composition and applicable rules

8. Costs and Expenses: Allocation of costs for different dispute resolution processes

9. Confidentiality: Confidentiality obligations regarding the dispute resolution processes and outcomes

10. Governing Law and Jurisdiction: Specification of Maltese law as governing law and relevant jurisdiction

11. Notices: Process and requirements for serving notices under the agreement

12. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments

What sections are optional to include in a Conflict Resolution Agreement?

1. Expert Determination: Include when technical disputes may require expert determination before or instead of other resolution methods

2. Emergency Arbitration: Include when parties want provision for urgent interim measures through expedited arbitration

3. Multi-Tier Dispute Resolution: Include for complex commercial relationships requiring additional intermediate steps

4. Cross-Border Provisions: Include when parties are from different jurisdictions or disputes may have international elements

5. Industry-Specific Procedures: Include when disputes may require specific industry expertise or procedures

6. Class Action Prohibition: Include to explicitly prohibit class action proceedings

7. Time Limitations: Include specific time frames for each stage of dispute resolution when standard periods are not suitable

What schedules should be included in a Conflict Resolution Agreement?

1. Schedule 1: Mediation Procedure Rules: Detailed rules and procedures for the conduct of mediation

2. Schedule 2: Arbitration Rules: Specific arbitration rules applicable to the agreement, including any modifications to institutional rules

3. Schedule 3: Fee Schedule: Schedule of fees and costs for different dispute resolution processes

4. Schedule 4: Form of Notice of Dispute: Template for formal notification of a dispute

5. Schedule 5: Mediator Qualification Requirements: Required qualifications and experience for mediators

6. Appendix A: Code of Conduct: Code of conduct for parties during dispute resolution processes

7. Appendix B: Confidentiality Agreement: Standard form confidentiality agreement for all participants in the dispute resolution

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
Relevant Industries

Financial Services

Gaming and iGaming

Maritime and Shipping

Technology and Software

Professional Services

Manufacturing

Real Estate and Construction

Healthcare

Retail and Distribution

Hospitality and Tourism

Energy and Utilities

Transportation and Logistics

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Commercial

Operations

Procurement

Business Development

Corporate Affairs

Contract Management

Executive Leadership

Project Management

Relevant Roles

Chief Legal Officer

Legal Director

General Counsel

Commercial Director

Contract Manager

Compliance Officer

Risk Manager

Business Development Director

Operations Director

Project Manager

Procurement Manager

Chief Executive Officer

Chief Operations Officer

Legal Counsel

Corporate Secretary

Relationship Manager

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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