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Arbitration And Mediation Agreement

Arbitration And Mediation Agreement Template for Nigeria

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Key Requirements PROMPT example:

Arbitration And Mediation Agreement

"I need an Arbitration and Mediation Agreement for a joint venture between my Lagos-based construction company and a local supplier, incorporating specific provisions for construction industry disputes and ensuring compliance with Lagos State building regulations."

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Document background
The Arbitration and Mediation Agreement serves as a crucial legal instrument in the Nigerian business environment, designed to provide parties with an efficient and cost-effective alternative to traditional court litigation. This document is typically used when parties wish to establish a clear framework for resolving future disputes through alternative dispute resolution methods, incorporating both mediation and arbitration processes. The agreement is structured in accordance with the Nigerian Arbitration and Conciliation Act and relevant state laws, making it particularly suitable for businesses operating in Nigeria or engaging with Nigerian entities. It includes comprehensive provisions for the conduct of both mediation and arbitration proceedings, appointment of neutrals, confidentiality obligations, and enforcement mechanisms. The document can be customized to address specific industry requirements while maintaining compliance with Nigerian legal requirements and international best practices in alternative dispute resolution.
Suggested Sections

1. Parties: Identification of all parties entering into the agreement, including their full legal names, addresses, and registration details if companies

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

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

4. Scope of Agreement: Types of disputes covered by the agreement and its applicability

5. Agreement to Mediate: Parties' commitment to attempt mediation before proceeding to arbitration

6. Mediation Process: Details of how mediation will be initiated, conducted, and concluded

7. Agreement to Arbitrate: Parties' commitment to submit disputes to arbitration if mediation fails

8. Arbitration Process: Comprehensive procedures for initiating and conducting arbitration

9. Appointment of Mediators and Arbitrators: Process for selecting mediators and arbitrators, including qualifications

10. Confidentiality: Obligations regarding confidentiality of both mediation and arbitration proceedings

11. Costs and Fees: Allocation of costs for both mediation and arbitration processes

12. Governing Law: Specification of Nigerian law as the governing law and relevant jurisdictional matters

13. Notices: Method and addresses for serving notices under the agreement

14. Duration and Termination: Term of the agreement and circumstances for termination

Optional Sections

1. Emergency Arbitrator Provisions: Procedures for appointing an emergency arbitrator when urgent relief is needed

2. Multi-Tier Dispute Resolution: Additional steps in the dispute resolution process, such as negotiation before mediation

3. International Enforcement: Special provisions for international enforcement of awards when parties are from different countries

4. Industry-Specific Provisions: Special provisions relevant to specific industries (e.g., construction, maritime)

5. Multiple Party Provisions: Special procedures for cases involving more than two parties

6. Expert Determination: Provisions for referring technical matters to expert determination

7. Online Dispute Resolution: Procedures for conducting mediation or arbitration through online platforms

Suggested Schedules

1. Schedule 1: Mediation Procedure: Detailed steps and rules for the mediation process

2. Schedule 2: Arbitration Rules: Comprehensive rules governing the arbitration process

3. Schedule 3: Fee Schedule: Detailed breakdown of fees for mediators, arbitrators, and administrative costs

4. Schedule 4: Model Forms: Standard forms for initiating mediation/arbitration, appointing mediators/arbitrators

5. Schedule 5: Code of Ethics: Ethical guidelines for mediators and arbitrators

6. Appendix A: List of Approved Mediators/Arbitrators: Pre-approved list of mediators and arbitrators if agreed by parties

7. Appendix B: Confidentiality Agreement: Standard form of confidentiality agreement for 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

Banking and Finance

Oil and Gas

Construction

Manufacturing

Technology

Telecommunications

Real Estate

Professional Services

Healthcare

Maritime

Agriculture

Mining

Retail

Infrastructure

Energy

Insurance

Relevant Teams

Legal

Compliance

Risk Management

Commercial Operations

Corporate Affairs

Business Development

Procurement

Operations

Executive Leadership

Contract Administration

Corporate Governance

Regulatory Affairs

Relevant Roles

Legal Counsel

Commercial Director

Contract Manager

Chief Executive Officer

Chief Legal Officer

Risk Manager

Compliance Officer

Business Development Manager

Project Manager

Operations Director

General Counsel

Corporate Secretary

Chief Operating Officer

Procurement Manager

Partnership Manager

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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