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Mandatory Arbitration Agreement
"I need a Mandatory Arbitration Agreement for my UAE-based technology company that will be entering into multiple software development contracts with international clients in 2025, with DIFC-LCIA arbitration as the preferred forum and English as the primary language."
1. Parties: Identification of all parties entering into the arbitration agreement, including full legal names, addresses, and registration details
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement, including specific legal and technical terms
4. Agreement to Arbitrate: Clear and explicit statement of parties' agreement to submit disputes to binding arbitration
5. Scope of Arbitration: Detailed description of disputes covered by the arbitration agreement
6. Arbitration Rules: Specification of the applicable arbitration rules (e.g., DIAC, ADCCAC, ICC)
7. Seat of Arbitration: Designation of the legal seat of arbitration within the UAE
8. Language of Arbitration: Specification of the language(s) to be used in arbitration proceedings
9. Number and Selection of Arbitrators: Process for appointing arbitrators and size of tribunal
10. Governing Law: Specification of UAE law as governing law and relevant jurisdictional provisions
11. Confidentiality: Obligations regarding confidentiality of arbitration proceedings and materials
12. Costs: Allocation of arbitration costs and legal fees
13. Notices: Procedure for serving notices related to arbitration proceedings
14. Severability: Provision ensuring remainder of agreement survives if any part is found invalid
1. Emergency Arbitrator Provisions: Procedures for seeking emergency relief before tribunal constitution
2. Multi-Party Provisions: Special provisions for arbitrations involving multiple parties
3. Consolidation: Provisions allowing consolidation of related arbitrations
4. Expert Determination: Procedures for referring technical matters to expert determination
5. Mediation-First Requirement: Requirement to attempt mediation before commencing arbitration
6. Document Preservation: Specific obligations regarding preservation of documents and evidence
7. Industry-Specific Provisions: Special provisions relevant to particular industries or sectors
1. Schedule 1: Administrative Details: Contact details for notices and authorized representatives
2. Schedule 2: Fee Schedule: Detailed breakdown of administrative fees and costs
3. Schedule 3: Arbitrator Qualifications: Required qualifications and experience for arbitrators
4. Appendix A: Model Notice of Arbitration: Template for initiating arbitration proceedings
5. Appendix B: Procedural Timetable: Standard timeline for arbitration proceedings
6. Appendix C: Document Production Protocol: Procedures for document disclosure and production
Authors
Financial Services
Real Estate
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Energy
Technology
Healthcare
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Transportation
Hospitality
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Trading
Maritime
Aviation
Telecommunications
Legal
Compliance
Human Resources
Risk Management
Executive Leadership
Operations
Commercial
Procurement
Corporate Governance
Business Development
Project Management
International Relations
Contract Administration
Legal Counsel
Chief Legal Officer
Compliance Officer
Contract Manager
Risk Manager
Human Resources Director
Chief Executive Officer
Chief Operating Officer
Commercial Director
Project Manager
Business Development Manager
General Manager
Operations Manager
Procurement Manager
Corporate Secretary
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