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1. Parties: Identification and details of the parties entering into the arbitration agreement, including the lender and borrower
2. Background: Context of the agreement, including reference to the underlying loan agreement and the parties' intention to resolve disputes through arbitration
3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terminology
4. Scope of Arbitration: Detailed description of which disputes will be subject to arbitration and any exclusions
5. Appointment of Arbitrators: Process for selecting and appointing arbitrators, including number of arbitrators and qualification requirements
6. Arbitration Proceedings: Rules and procedures governing the conduct of arbitration, including timelines and procedural requirements
7. Costs and Fees: Allocation of arbitration costs and fees between parties
8. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and related documents
9. Governing Law: Specification of South African law as the governing law and relevant legislation
10. Notices: Process and requirements for serving notices related to the arbitration proceedings
11. Signature: Execution clause and signature blocks for all parties
1. Emergency Relief: Procedures for seeking emergency relief or interim measures, included when parties want to preserve this option
2. Multi-Party Provisions: Special provisions for cases involving multiple parties or consolidated proceedings, included when relevant to the loan structure
3. Appeal Process: Provisions for appealing arbitration decisions, included when parties want to preserve appeal rights
4. Alternative Dispute Resolution: Preliminary steps such as mediation before arbitration, included when parties want a multi-step dispute resolution process
5. Special Powers: Additional powers granted to arbitrators beyond standard authority, included when parties agree to expanded arbitrator powers
6. International Provisions: Special provisions for international arbitration, included when the agreement involves cross-border elements
1. Schedule A - Arbitration Rules: Detailed procedural rules governing the arbitration process
2. Schedule B - Fee Schedule: Detailed breakdown of arbitration fees, costs, and payment terms
3. Schedule C - Underlying Loan Agreement: Copy or summary of the loan agreement to which this arbitration agreement relates
4. Appendix 1 - Arbitrator Qualifications: Specific requirements and qualifications for potential arbitrators
5. Appendix 2 - Notice Forms: Standard forms for various notices required under the agreement
6. Appendix 3 - Timeline Framework: Detailed timeline for various stages of the arbitration process
Arbitration
Arbitration Notice
Arbitrator
Award
Business Day
Claim
Confidential Information
Costs
Default
Dispute
Effective Date
Emergency Relief
Governing Law
Interest Rate
Lender
Loan Agreement
Loan Amount
Notice
Parties
Principal Debt
Repayment Schedule
Representatives
Rules
Security
Tribunal
Working Days
Writing
Jurisdiction
Material Breach
Mediation
Panel
Place of Arbitration
Preliminary Conference
Procedural Law
Relief
Terms of Reference
Venue
Appointment of Arbitrators
Jurisdiction
Arbitration Proceedings
Governing Law
Confidentiality
Costs and Fees
Notice Requirements
Emergency Relief
Interim Measures
Evidence and Hearings
Awards
Appeals
Enforcement
Severability
Amendment
Waiver
Force Majeure
Default
Termination
Representation and Warranties
Time Periods
Language
Venue
Document Production
Witness Testimony
Expert Evidence
Consolidation
Joinder
Precedential Value
Alternative Dispute Resolution
Good Faith
Entire Agreement
Assignment
Third Party Rights
Financial Services
Banking
Real Estate
Commercial Lending
Microfinance
Asset Management
Insurance
Private Equity
Corporate Finance
Construction
Manufacturing
Retail
Agriculture
Legal
Finance
Credit
Risk Management
Compliance
Operations
Treasury
Collections
Corporate Secretariat
Dispute Resolution
Commercial
Legal Counsel
Finance Director
Credit Manager
Risk Manager
Compliance Officer
Contract Manager
Chief Financial Officer
Legal Director
Banking Executive
Loan Officer
Corporate Secretary
Treasury Manager
Collections Manager
Debt Recovery Specialist
Alternative Dispute Resolution Specialist
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