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Voluntary Arbitration Agreement Template for India

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Key Requirements PROMPT example:

Voluntary Arbitration Agreement

"I need a Voluntary Arbitration Agreement for my software development company based in Bangalore, to be used with international clients, with SIAC rules and Singapore as the seat of arbitration, effective from March 2025."

Document background
The Voluntary Arbitration Agreement serves as a crucial legal instrument in Indian commercial relationships, providing parties with an alternative dispute resolution mechanism to traditional litigation. This document is typically used when parties wish to establish a clear, efficient, and confidential process for resolving potential disputes. It is particularly relevant in business relationships where maintaining confidentiality and achieving quick resolution is paramount. The agreement must comply with the Indian Arbitration and Conciliation Act, 1996, and related jurisprudence. It can be executed as a standalone agreement or incorporated as a clause within a broader commercial contract. The document specifies key elements such as the scope of arbitrable disputes, arbitrator selection process, procedural rules, and the seat of arbitration.
Suggested Sections

1. Parties: Identification and details of all parties entering into the arbitration agreement

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Agreement to Arbitrate: The core provision where parties agree to submit disputes to arbitration

5. Scope of Arbitration: Specific types of disputes covered by the arbitration agreement

6. Arbitration Procedure: The process for initiating and conducting the arbitration

7. Appointment of Arbitrators: Method and process for selecting arbitrators

8. Seat and Venue: Specification of the legal seat of arbitration and physical venue for hearings

9. Governing Law: Law governing the arbitration agreement and the underlying dispute

10. Language: Official language(s) to be used in the arbitration proceedings

11. Costs: Allocation of arbitration costs and expenses

12. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings

13. Notices: Process for serving notices related to the arbitration

14. Execution: Signature blocks and execution formalities

Optional Sections

1. Emergency Arbitration: Procedures for emergency relief before the constitution of the arbitral tribunal

2. Multi-Party Provisions: Special provisions for arbitrations involving more than two parties

3. Interim Measures: Provisions for seeking interim relief from courts or tribunal

4. Expert Determination: Provisions for appointment and role of expert witnesses

5. Mediation-Arbitration: Optional step of mediation before proceeding to arbitration

6. Appeals Process: Provisions for appealing the arbitral award

7. Time Limits: Specific timeframes for various stages of the arbitration

8. Document Preservation: Requirements for maintaining and producing documents

Suggested Schedules

1. Schedule 1 - Arbitration Rules: Detailed rules governing the arbitration procedure

2. Schedule 2 - Fee Schedule: Detailed breakdown of arbitrator fees and administrative costs

3. Schedule 3 - Form of Notice: Template for notice of arbitration

4. Schedule 4 - Arbitrator Qualifications: Required qualifications and experience for arbitrators

5. Appendix A - Underlying Agreement: Copy of the main agreement between parties (if applicable)

6. Appendix B - Code of Ethics: Ethical guidelines for arbitrators and parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Information Technology

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Relevant Teams

Legal

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Relevant Roles

Legal Counsel

Contract Manager

Chief Legal Officer

Compliance Officer

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Company Secretary

Operations Manager

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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