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Pre Dispute Arbitration Agreement

Pre Dispute Arbitration Agreement Template for Malaysia

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Key Requirements PROMPT example:

Pre Dispute Arbitration Agreement

"I need a Pre Dispute Arbitration Agreement under Malaysian law for a joint venture between my technology company and a Singapore-based software developer, with AIAC as the arbitration center and provisions for emergency arbitration in case of intellectual property disputes."

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Document background
This Pre-Dispute Arbitration Agreement is designed for use in commercial relationships where parties wish to establish arbitration as their preferred method of dispute resolution before any disputes arise. It is particularly relevant in the Malaysian business context, where arbitration has become increasingly popular due to its confidentiality, flexibility, and enforceability advantages. The document incorporates key provisions required under Malaysian law, specifically the Arbitration Act 2005, and aligns with international arbitration practices. It is commonly used in various commercial contracts, from simple supply agreements to complex joint ventures, and can be customized to address specific industry requirements while maintaining its enforceability under Malaysian law. The agreement typically designates the Asian International Arbitration Centre (AIAC) as the administering institution, reflecting Malaysia's position as a growing arbitration hub in Southeast Asia.
Suggested Sections

1. Parties: Identification of all parties entering into the arbitration agreement, including their full legal names, registration numbers, and registered addresses

2. Background: Context of the relationship between the parties and the purpose of entering into this arbitration agreement

3. Definitions: Key terms used throughout the agreement, including 'Dispute', 'Arbitration Rules', 'Notice of Arbitration', etc.

4. Agreement to Arbitrate: The core provision where parties agree to submit their disputes to arbitration, including the scope of matters to be arbitrated

5. Arbitration Procedure: The process for initiating and conducting the arbitration, including the appointment of arbitrators and the applicable rules

6. Seat of Arbitration: Specification of Malaysia as the seat of arbitration and the implications thereof

7. Language of Arbitration: Specification of the language in which arbitration proceedings will be conducted

8. Governing Law: Specification of Malaysian law as the governing law of the arbitration agreement

9. Confidentiality: Provisions regarding the confidentiality of the arbitration proceedings and any related documents

10. Costs: Provisions regarding the allocation of costs of the arbitration

Optional Sections

1. Emergency Arbitrator: Provisions for appointing an emergency arbitrator for urgent interim relief, typically needed in commercial disputes where immediate action may be required

2. Multi-Party Provisions: Additional provisions for situations where more than two parties may be involved in the dispute

3. Industry-Specific Provisions: Special provisions tailored to specific industries (e.g., construction, maritime, or technology disputes)

4. Mediation-Arbitration (Med-Arb): Provisions for attempting mediation before proceeding to arbitration, useful for parties who wish to preserve business relationships

5. Time Limits: Specific timeframes for various stages of the arbitration process, recommended for disputes requiring expedited resolution

6. Expert Determination: Provisions for appointing technical experts in specialized disputes, particularly useful in technical or industry-specific matters

Suggested Schedules

1. Schedule 1: AIAC Arbitration Rules: The complete set of AIAC arbitration rules that will govern the arbitration procedure

2. Schedule 2: Fee Schedule: Detailed breakdown of administrative fees, arbitrator's fees, and other costs

3. Schedule 3: Notice Forms: Template forms for serving notices related to the arbitration, including the Notice of Arbitration

4. Appendix A: Arbitrator Qualifications: Specific qualifications or requirements for arbitrators to be appointed

5. Appendix B: Code of Ethics: Ethical guidelines for the conduct of arbitration proceedings and behavior of participants

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

























Clauses




















Relevant Industries

Manufacturing

Construction

Technology

Financial Services

Energy and Resources

Trading and Commerce

Professional Services

Real Estate

Infrastructure

Telecommunications

Healthcare

Aviation

Maritime

Agriculture

Relevant Teams

Legal

Compliance

Risk Management

Commercial Operations

Contract Management

Corporate Secretariat

Business Development

Project Management

Operations

Procurement

Finance

Relevant Roles

Legal Counsel

Chief Legal Officer

Contract Manager

Commercial Director

Chief Executive Officer

Chief Operating Officer

Risk Manager

Compliance Officer

Business Development Manager

Project Manager

General Manager

Company Secretary

Chief Financial Officer

Procurement Manager

Operations Director

Industries





Teams

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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