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Arbitration And Mediation Agreement
I need an Arbitration and Mediation Agreement for a technology joint venture between our Dutch software company and a German hardware manufacturer, incorporating ICC rules and including provisions for emergency arbitration and online dispute resolution, to be effective from March 2025.
1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Specifies which disputes are covered by the agreement and any exclusions
5. Mediation Procedure: Details of the mediation process, including mediator selection, timeframes, and conduct of mediation
6. Arbitration Procedure: Framework for the arbitration process, including tribunal composition, seat of arbitration, and procedural rules
7. Confidentiality: Obligations regarding confidentiality of both mediation and arbitration proceedings
8. Costs: Allocation of costs for both mediation and arbitration processes
9. Governing Law: Specification of Dutch law as governing law and relevant jurisdictional matters
10. Notices: Process for serving notices and communications under the agreement
11. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. Emergency Arbitrator Provisions: Procedures for urgent interim relief before the constitution of the arbitral tribunal
2. Multi-Tier Dispute Resolution: Additional tiers of dispute resolution before arbitration, such as negotiation or expert determination
3. Language of Proceedings: Specification of language(s) for proceedings when parties are from different jurisdictions
4. Document Preservation: Requirements for maintaining documents relevant to potential disputes
5. Online Dispute Resolution: Provisions for conducting mediation or arbitration through virtual means
6. Joinder and Consolidation: Provisions allowing additional parties to join or consolidate related proceedings
7. Appeal Mechanism: Optional provisions for appealing arbitral awards within the institutional framework
1. Mediation Rules: Detailed rules governing the mediation process, often incorporating institutional rules
2. Arbitration Rules: Detailed rules governing the arbitration process, often incorporating institutional rules
3. Fee Schedule: Schedule of fees for mediators, arbitrators, and administrative costs
4. Model Forms: Standard forms for initiating proceedings, appointing mediators/arbitrators, and other procedural matters
5. Code of Ethics: Ethical guidelines for mediators and arbitrators
6. Timeline Template: Indicative timelines for both mediation and arbitration proceedings
Authors
Arbitral Tribunal
Arbitration
Arbitration Rules
Arbitrator
Award
Business Day
Commencement Date
Confidential Information
Costs
Dispute
Emergency Arbitrator
Force Majeure Event
Governing Law
Interim Measures
Mediation
Mediation Rules
Mediator
Notice
Parties
Proceedings
Representatives
Rules
Seat of Arbitration
Settlement Agreement
Statement of Case
Statement of Defense
Terms of Reference
Third Party
Tribunal Secretary
Working Hours
Mediator Appointment
Arbitrator Appointment
Mediation Procedure
Arbitration Procedure
Confidentiality
Costs and Fees
Governing Law
Jurisdiction
Notices
Time Limits
Language of Proceedings
Venue
Evidence
Expert Determination
Emergency Relief
Interim Measures
Document Disclosure
Settlement
Award Enforcement
Joinder
Consolidation
Appeals
Termination
Severability
Entire Agreement
Amendment
Force Majeure
Waiver
Third Party Rights
Manufacturing
Technology
Financial Services
Construction
Energy
Healthcare
Professional Services
Retail
International Trade
Transportation
Real Estate
Telecommunications
Legal
Compliance
Risk Management
Commercial Operations
International Business
Corporate Governance
Business Development
Contract Management
Executive Leadership
Corporate Affairs
General Counsel
Legal Director
Commercial Director
Chief Executive Officer
Chief Legal Officer
Contract Manager
Legal Counsel
Compliance Officer
Risk Manager
Business Development Director
Operations Director
Chief Financial Officer
Company Secretary
International Business Manager
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