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Arbitration And Mediation Agreement

Arbitration And Mediation Agreement Template for Philippines

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Arbitration And Mediation Agreement

"I need an Arbitration and Mediation Agreement template that can be used across our technology company's service contracts in the Philippines, with specific provisions for handling intellectual property disputes and online dispute resolution procedures."

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Document background
The Arbitration and Mediation Agreement serves as a crucial legal instrument in the Philippine business environment, providing parties with a clear framework for resolving disputes through alternative methods rather than traditional litigation. This document is essential when parties wish to establish predetermined procedures for handling potential conflicts efficiently and cost-effectively. It complies with the Alternative Dispute Resolution Act of 2004 (RA 9285) and related Philippine regulations while incorporating international best practices. The agreement is particularly valuable in commercial relationships where maintaining business continuity and confidentiality is paramount, and it includes comprehensive provisions for both mediation and arbitration processes, cost allocation, and enforcement mechanisms.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including their legal capacity and authority to enter into the agreement

2. Background: Context of the agreement, relationship between the parties, and purpose of establishing ADR mechanisms

3. Definitions: Key terms used throughout the agreement, including technical ADR terminology

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

5. Mediation Process: Detailed procedures for initiating and conducting mediation, selection of mediators, timeframes, and costs

6. Arbitration Process: Procedures for initiating arbitration, selection of arbitrators, applicable rules, and procedural requirements

7. Relationship between Mediation and Arbitration: Clear guidelines on the transition from mediation to arbitration and when each process applies

8. Confidentiality: Obligations regarding confidentiality of both mediation and arbitration proceedings

9. Costs and Fees: Allocation of costs for both mediation and arbitration processes

10. Governing Law: Specification of Philippine law as governing law and reference to relevant legislation

11. Notices: Methods and requirements for serving notices related to dispute resolution proceedings

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Multiple Parties: Additional provisions for handling disputes involving more than two parties

2. International Disputes: Special provisions for cross-border disputes, including application of international conventions

3. Emergency Relief: Procedures for seeking urgent interim relief before or during proceedings

4. Industry-Specific Provisions: Special requirements for particular industries (e.g., construction, technology, maritime)

5. Online Dispute Resolution: Provisions for conducting proceedings through electronic means

6. Language of Proceedings: Specification of language(s) to be used when parties are from different linguistic backgrounds

7. Severability: Provisions ensuring survival of the agreement if certain parts are found invalid

Suggested Schedules

1. Schedule A - Mediation Rules: Detailed procedural rules for the mediation process, including timelines and requirements

2. Schedule B - Arbitration Rules: Comprehensive rules governing the arbitration process

3. Schedule C - Fee Schedule: Detailed breakdown of fees for mediators, arbitrators, and administrative costs

4. Schedule D - Mediator/Arbitrator Qualifications: Required qualifications and experience for appointed mediators and arbitrators

5. Appendix 1 - Notice Forms: Template forms for initiating mediation or arbitration proceedings

6. Appendix 2 - Code of Ethics: Ethical guidelines for mediators and arbitrators

7. Appendix 3 - Confidentiality Agreement: Standard form confidentiality agreement for all participants in the proceedings

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
ADR
Arbitration
Arbitral Award
Arbitral Tribunal
Arbitrator
Business Day
Confidential Information
Dispute
Effective Date
Emergency Relief
Force Majeure
Governing Law
Interim Measures
Mediation
Mediator
Notice
Parties
Proceedings
Rules
Seat of Arbitration
Service
Settlement Agreement
Termination
Working Day
Writing
Alternative Dispute Resolution Institution
Arbitration Rules
Mediation Rules
Confidentiality Undertaking
Costs
Emergency Arbitrator
Hearing
Jurisdiction
Mediation Session
Notice of Arbitration
Place of Mediation
Representative
Statement of Claim
Statement of Defense
Witness
Clauses
Parties
Definitions
Interpretation
Scope of Agreement
Agreement to Mediate
Agreement to Arbitrate
Mediation Procedure
Arbitration Procedure
Appointment of Mediators
Appointment of Arbitrators
Confidentiality
Costs and Fees
Notices
Governing Law
Jurisdiction
Interim Measures
Emergency Relief
Time Limits
Language of Proceedings
Venue
Communications
Representatives
Evidence
Witnesses
Expert Determination
Awards
Enforcement
Settlement
Termination
Force Majeure
Severability
Entire Agreement
Amendment
Assignment
Third Party Rights
Waiver
Counterparts
Execution
Relevant Industries

Manufacturing

Technology

Construction

Real Estate

Financial Services

Retail

Healthcare

Professional Services

Transportation

Energy

Telecommunications

Agriculture

Mining

Education

Entertainment

Hospitality

Relevant Teams

Legal

Compliance

Risk Management

Corporate Affairs

Commercial Operations

Business Development

Procurement

Contract Management

Executive Leadership

Project Management

Governance

Relevant Roles

Legal Counsel

Corporate Lawyer

Contract Manager

Chief Legal Officer

Business Development Manager

Chief Executive Officer

Chief Operating Officer

Compliance Officer

Risk Manager

Commercial Director

General Counsel

Legal Operations Manager

Procurement Manager

Project Manager

Company Secretary

Head of Legal

Director of Operations

Industries
Republic Act No. 9285: Alternative Dispute Resolution Act of 2004 - The primary legislation governing arbitration and mediation in the Philippines, providing the legal framework for alternative dispute resolution methods
A.M. No. 07-11-08-SC: Special Rules of Court on Alternative Dispute Resolution - Provides the procedural rules for court-related arbitration and mediation proceedings
Republic Act No. 386: Civil Code of the Philippines - Particularly Book IV on Obligations and Contracts, which provides the basic legal framework for contractual relationships
Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention): International treaty ratified by the Philippines that ensures the enforcement of foreign arbitral awards
Department of Justice Circular No. 98: Guidelines for the accreditation of mediators and implementation of mediation proceedings in the Philippines
Supreme Court Administrative Matter No. 01-10-5-SC-PHILJA: Rules on Court-Annexed Mediation, which governs mediation proceedings connected to court cases
UNCITRAL Model Law on International Commercial Arbitration: International framework adopted by the Philippines through RA 9285 for international commercial arbitration
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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