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Standard Arbitration Agreement
"I need a Standard Arbitration Agreement for a UAE-based technology company entering into multiple software development contracts with international clients, with DIAC as the arbitration center and provisions for virtual hearings and electronic document submission."
1. Parties: Identification and details of all parties entering into the arbitration agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Agreement to Arbitrate: The core agreement specifying the parties' consent to resolve disputes through arbitration
5. Scope of Arbitration: Detailed description of what types of disputes are covered by the arbitration agreement
6. Arbitration Rules: Specification of which arbitration rules will govern the proceedings (e.g., DIAC Rules)
7. Seat of Arbitration: Specification of the legal seat of arbitration
8. Language of Arbitration: Designation of the official language(s) for the arbitration proceedings
9. Number and Appointment of Arbitrators: Process for selecting arbitrators and size of the tribunal
10. Governing Law: Specification of the law governing the substance of disputes
11. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings
12. Costs: Provisions regarding the allocation of arbitration costs
13. Notices: Procedures for serving notices related to the arbitration
14. Execution: Signature blocks and execution formalities
1. Emergency Arbitrator Provisions: Provisions for appointment of emergency arbitrators for urgent relief, used when parties want this specific option
2. Multi-Party Provisions: Special provisions for arbitrations involving multiple parties, included when more than two parties are involved
3. Consolidation: Provisions allowing consolidation of related arbitrations, useful for complex commercial relationships
4. Expert Determination: Provisions for referring specific technical matters to expert determination, useful for technical disputes
5. Mediation-First Requirement: Requirement to attempt mediation before commencing arbitration, used when parties want to encourage alternative dispute resolution
6. Document Preservation: Specific obligations regarding document retention and preservation, important for complex commercial cases
7. Time Limits: Specific time limits for various stages of the arbitration, used when parties want to ensure expedited proceedings
1. Schedule 1: Arbitration Rules: Complete set of chosen arbitration rules (e.g., DIAC Rules) if incorporated by reference
2. Schedule 2: Fee Schedule: Detailed breakdown of administrative fees and arbitrator fees if using institutional arbitration
3. Schedule 3: Model Notice of Arbitration: Template for initiating arbitration proceedings
4. Appendix A: Specific Dispute Resolution Procedures: Detailed procedures for specific types of disputes that may require special handling
5. Appendix B: Contact Details: Detailed contact information for parties and their representatives for service of notices
Authors
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Technology
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Education
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Energy & Utilities
Legal
Compliance
Risk Management
Commercial
Corporate Governance
Business Development
Operations
Executive Leadership
Finance
Procurement
Contract Administration
Legal Counsel
General Counsel
Contract Manager
Commercial Director
Chief Legal Officer
Compliance Officer
Risk Manager
Business Development Manager
CEO
Managing Director
Operations Director
Project Manager
Corporate Secretary
Chief Financial Officer
Head of Legal
Senior Legal Advisor
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