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Voluntary Arbitration Agreement
"I need a Voluntary Arbitration Agreement for my Philippine tech startup that will be entering into multiple software development contracts starting January 2025, with the arbitration to be conducted in Manila and proceedings to be held in English."
1. Parties: Identification of all parties entering into the arbitration agreement, including their legal names, addresses, and representatives
2. Background: Context of the agreement, relationship between the parties, and their intention to resolve disputes through arbitration
3. Definitions: Key terms used throughout the agreement, ensuring consistent interpretation
4. Scope of Arbitration: Clear definition of what types of disputes will be subject to arbitration
5. Arbitration Rules: Specification of which arbitration rules will govern the proceedings (e.g., PDRCI Rules, UNCITRAL Rules)
6. Appointment of Arbitrators: Process for selecting and appointing arbitrators, including number of arbitrators and qualification requirements
7. Place and Language of Arbitration: Specification of the venue for arbitration proceedings and the language to be used
8. Governing Law: Clear statement that Philippine law governs the agreement and arbitration proceedings
9. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and any related documents
10. Costs and Fees: Allocation of arbitration costs, including arbitrators' fees and administrative expenses
11. Award: Provisions regarding the nature of the award, its binding effect, and enforcement
12. Execution: Signature blocks and execution formalities
1. Multi-Party Provisions: Additional provisions for cases involving more than two parties, including procedures for joinder and consolidation
2. Emergency Arbitrator: Provisions for appointment of emergency arbitrators for urgent interim relief
3. International Elements: Additional provisions when one or more parties are foreign entities, including reference to international conventions
4. Med-Arb Clause: Optional provision allowing for mediation before proceeding to arbitration
5. Technology and Virtual Hearings: Provisions for conducting virtual hearings and using electronic documentation
6. Appeals Process: Optional provisions for internal appeals within the arbitration framework
7. Interim Measures: Provisions regarding temporary or interim relief during the arbitration process
1. Schedule A - Arbitration Rules: Detailed arbitration rules if not incorporating by reference an existing set of rules
2. Schedule B - Fee Schedule: Detailed breakdown of administrative fees, arbitrator fees, and other costs
3. Schedule C - Required Forms: Standard forms for initiating arbitration, appointing arbitrators, and other procedural matters
4. Schedule D - Code of Ethics: Ethical guidelines for arbitrators and parties during the proceedings
5. Appendix 1 - Notice Requirements: Detailed procedures for serving notices and communications
6. Appendix 2 - Timeline Template: Standard timeline for various stages of the arbitration process
Authors
Arbitration
Arbitral Tribunal
Arbitrator
Award
Business Day
Claim
Claimant
Confidential Information
Costs
Counter-claim
Dispute
Emergency Arbitrator
Governing Law
Hearing
Interim Measures
Notice
Parties
Place of Arbitration
Proceeding
Representatives
Respondent
Rules
Seat of Arbitration
Secretary
Statement of Claim
Statement of Defense
Tribunal-Appointed Expert
Working Days
Writing/Written Form
Emergency Relief
Force Majeure
Mediation
Med-Arb
Party-Appointed Expert
Preliminary Meeting
Terms of Reference
Witness
Expert Witness
Governing Law
Arbitration Rules
Appointment of Arbitrators
Arbitrator Qualifications
Arbitration Proceedings
Venue and Seat
Language
Confidentiality
Costs and Fees
Notice Requirements
Time Limits
Evidence
Hearings
Awards
Enforcement
Interim Measures
Expert Determination
Waiver of Rights
Severability
Amendment
Entire Agreement
Force Majeure
Execution
Representation and Warranties
Joinder and Consolidation
Emergency Relief
Appeals
Mediation-Arbitration Option
Termination
Survival
Manufacturing
Retail
Construction
Professional Services
Information Technology
Financial Services
Healthcare
Real Estate
Energy
Transportation
Telecommunications
Agriculture
Education
Entertainment
Hospitality
Mining
Export/Import
Legal
Executive Leadership
Compliance
Human Resources
Risk Management
Operations
Procurement
Contract Administration
Business Development
Finance
Corporate Governance
Project Management
Legal Counsel
General Counsel
Corporate Secretary
Chief Executive Officer
Chief Operating Officer
Contract Manager
Business Development Manager
Risk Manager
Compliance Officer
Human Resources Director
Procurement Manager
Operations Manager
Project Manager
Commercial Director
Chief Financial Officer
Managing Director
Vice President of Legal Affairs
Legal Operations Manager
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