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Arbitration Clause In Lease Agreement
"I need an Arbitration Clause in a Lease Agreement for a multi-tenant commercial office building in Dublin, to be effective from March 2025, with mandatory mediation provisions and specific requirements for arbitrator qualifications in commercial property disputes."
1. Parties: Identification of the landlord and tenant(s) who are agreeing to the arbitration clause
2. Background: Context of the arbitration clause within the lease agreement and reference to the main lease terms
3. Definitions: Key terms used in the arbitration clause including 'Dispute', 'Arbitrator', 'Award', etc.
4. Scope of Arbitration: Specifies which disputes are subject to arbitration and any exclusions
5. Arbitration Process: Details of how arbitration proceedings will be initiated and conducted
6. Appointment of Arbitrator: Process for selecting and appointing the arbitrator
7. Costs and Fees: Allocation of arbitration costs and fees between parties
8. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
9. Governing Law: Confirmation that Irish law governs the arbitration proceedings
10. Binding Effect: Statement that the arbitrator's decision is final and binding
1. Emergency Relief: Procedures for seeking emergency relief or interim measures, recommended for high-value commercial leases
2. Multi-Party Provisions: Special provisions for cases involving multiple tenants or guarantors
3. Expert Determination: Provisions for appointing experts for technical matters, useful in commercial property disputes
4. Mediation First: Requirement to attempt mediation before proceeding to arbitration, recommended for maintaining business relationships
5. Appeals Process: Limited grounds for appealing the arbitration award, optional but should be carefully considered
1. Schedule 1: Arbitration Rules: Detailed rules governing the conduct of arbitration proceedings
2. Schedule 2: Fee Schedule: Breakdown of arbitration fees and costs
3. Schedule 3: Form of Notice: Template for initiating arbitration proceedings
4. Appendix A: Approved Arbitrators: List of pre-approved arbitrators and their qualifications
5. Appendix B: Excluded Matters: List of matters explicitly excluded from arbitration (e.g., rent review)
Authors
Real Estate
Commercial Property
Residential Property
Retail
Hospitality
Office Space
Industrial
Healthcare
Education
Technology
Financial Services
Manufacturing
Warehousing
Mixed-Use Development
Legal
Real Estate
Property Management
Operations
Compliance
Risk Management
Facilities Management
Asset Management
Leasing
Contract Administration
Property Manager
Real Estate Lawyer
Legal Counsel
Facilities Manager
Asset Manager
Leasing Manager
Property Developer
Commercial Property Agent
Residential Property Agent
Compliance Officer
Risk Manager
Contract Manager
Estate Manager
Operations Director
General Counsel
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