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International Arbitration Agreement
"I need an International Arbitration Agreement governed by Irish law for a software licensing partnership between our Dublin-based technology company and a Japanese corporation, with specific provisions for intellectual property disputes and confidentiality requirements."
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: Core agreement to submit disputes to arbitration and scope of arbitrable matters
5. Arbitration Rules: Specification of which arbitration rules will govern the proceedings (e.g., ICC, UNCITRAL, etc.)
6. Seat of Arbitration: Designation of Ireland as the legal seat of arbitration and implications
7. Language of Arbitration: Specification of English as the language of the arbitration proceedings
8. Arbitral Tribunal: Process for appointment of arbitrators and tribunal composition
9. Governing Law: Specification of Irish law as governing law and its scope of application
10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
11. Costs: Provisions regarding allocation of arbitration costs and legal fees
12. Awards: Provisions regarding the nature of awards and their enforcement
13. Notices: Process and requirements for serving notices under the agreement
14. Entire Agreement: Confirmation that this document represents the entire agreement regarding arbitration
1. Emergency Arbitrator: Provisions for emergency arbitration procedures, used when urgent interim relief may be needed
2. Multi-Party Provisions: Specific provisions for arbitrations involving multiple parties, including joinder and consolidation
3. Expert Determination: Provisions for referring specific technical matters to expert determination
4. Mediation Step: Requirements to attempt mediation before proceeding to arbitration
5. Specific Industry Provisions: Industry-specific arbitration requirements or procedures
6. Appeal Mechanism: Optional provisions for appeals within the arbitration framework
7. Split Clauses: Provisions giving one or both parties the option to choose between arbitration and litigation
1. Schedule 1: Arbitration Rules: Full text or reference to the chosen arbitration rules
2. Schedule 2: Fee Schedule: Details of administrative fees and arbitrator compensation
3. Schedule 3: Model Notice of Arbitration: Template for initiating arbitration proceedings
4. Schedule 4: Arbitrator Qualifications: Specific requirements and qualifications for arbitrators
5. Appendix A: Defined Terms: Extended definitions and interpretations
6. Appendix B: Model Procedural Timetable: Suggested timeline for arbitration proceedings
7. Appendix C: Document Production Protocols: Procedures and rules for document disclosure and production
Authors
Manufacturing
Technology
Financial Services
International Trade
Construction
Energy
Telecommunications
Professional Services
Maritime
Aviation
Healthcare
Real Estate
Mining and Resources
Infrastructure
Retail
Legal
Compliance
Risk Management
International Business
Corporate Affairs
Commercial Operations
Business Development
Executive Leadership
Finance
Operations
General Counsel
Legal Director
Corporate Lawyer
Contract Manager
Chief Legal Officer
International Business Manager
Commercial Director
Risk Manager
Compliance Officer
Legal Operations Manager
Chief Executive Officer
Chief Financial Officer
Business Development Director
Head of International Operations
Director of Legal Affairs
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