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Arbitration Submission Agreement
"I need an Arbitration Submission Agreement under New Zealand law for a construction dispute between my company and a subcontractor, with three arbitrators and AMINZ rules to apply, requiring completion of arbitration by March 2025."
1. Parties: Identification of all parties to the arbitration agreement, including their full legal names, registration numbers (if applicable), and addresses
2. Background: Context of the dispute, including reference to any underlying contracts or relationships between the parties
3. Definitions: Key terms used throughout the agreement, including 'Dispute', 'Arbitral Tribunal', 'Award', etc.
4. Agreement to Arbitrate: Express agreement of the parties to submit the specified dispute to arbitration and waive their right to litigate
5. Scope of Arbitration: Detailed description of the dispute(s) to be submitted to arbitration
6. Arbitrator Appointment: Process for appointing the arbitrator(s), including number of arbitrators and selection method
7. Seat of Arbitration: Specification of the legal seat of arbitration and the venue for hearings
8. Governing Law: Law governing the arbitration agreement and the substantive dispute
9. Language: Official language(s) of the arbitration proceedings
10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
11. Costs: Provisions regarding allocation of arbitration costs and legal fees
12. Execution: Signature blocks and execution provisions
1. Interim Measures: Powers of the tribunal to grant interim relief, used when parties anticipate needing urgent temporary measures
2. Document Disclosure: Specific rules for document production and disclosure, useful for complex disputes with extensive documentation
3. Expert Evidence: Provisions regarding appointment and use of expert witnesses, important for technical disputes
4. Multiple Parties: Special provisions for cases involving more than two parties, including joinder and consolidation
5. Appeals: Provisions regarding rights of appeal, if parties wish to preserve or modify statutory appeal rights
6. Mediation-Arbitration: Provisions for attempted mediation before proceeding to arbitration, useful when parties want to try settlement first
7. Time Limits: Specific deadlines for various stages of the arbitration, useful for expedited proceedings
8. Split Proceedings: Provisions for bifurcation of proceedings, useful for complex disputes where liability and quantum might be separated
1. Schedule 1 - Dispute Description: Detailed description of the dispute, including chronology of events and specific claims
2. Schedule 2 - Arbitrator Qualifications: Required qualifications and experience for the arbitrator(s)
3. Schedule 3 - Procedural Rules: Specific procedural rules to be followed in the arbitration, if not using institutional rules
4. Schedule 4 - Documents List: List of key documents relevant to the dispute
5. Schedule 5 - Timetable: Proposed timetable for the arbitration proceedings
6. Appendix A - Underlying Agreement: Copy of the underlying agreement(s) giving rise to the dispute
7. Appendix B - Correspondence: Relevant pre-arbitration correspondence between the parties
Authors
Arbitral Tribunal
Arbitration
Arbitrator
Award
Business Day
Claim
Claimant
Confidential Information
Costs
Dispute
Documents
Effective Date
Emergency Arbitrator
Expert
Final Award
Governing Law
Hearing
Interim Measure
Law
Notice
Parties
Procedural Law
Proceeding
Representatives
Respondent
Rules
Seat of Arbitration
Secretary
Statement of Claim
Statement of Defence
Tribunal Secretary
Underlying Agreement
Working Day
Written Submissions
Scope of Arbitration
Appointment of Arbitrators
Arbitrator Qualifications
Seat and Venue
Governing Law
Language
Confidentiality
Procedural Rules
Communications
Evidence
Document Disclosure
Witness Evidence
Expert Evidence
Hearings
Interim Measures
Awards
Costs and Fees
Time Limits
Enforcement
Joinder
Consolidation
Notices
Severability
Entire Agreement
Amendments
Waiver
Force Majeure
Termination
Execution
Construction
Infrastructure
Energy
Mining
Manufacturing
Technology
Financial Services
Real Estate
Agriculture
Telecommunications
Transportation
Maritime
Healthcare
Professional Services
Retail
International Trade
Legal
Compliance
Risk Management
Corporate Affairs
Executive Leadership
Commercial Operations
Contract Management
Business Development
Project Management
Finance
General Counsel
Legal Director
Corporate Lawyer
Commercial Manager
Contract Manager
Risk Manager
Compliance Officer
Chief Legal Officer
Dispute Resolution Lawyer
Legal Operations Manager
Chief Executive Officer
Chief Financial Officer
Project Manager
Business Development Manager
Company Secretary
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