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Arbitration Submission Agreement
I need an Arbitration Submission Agreement for a construction dispute between my company and a subcontractor in Ontario, with provisions for three arbitrators and virtual hearings, to be completed before March 2025.
1. Parties: Identification of all parties to the arbitration agreement, including full legal names and addresses
2. Background: Context of the dispute and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Agreement to Arbitrate: Express agreement to submit the specified dispute to binding arbitration
5. Scope of Arbitration: Detailed description of matters to be submitted to arbitration
6. Appointment of Arbitrators: Process for selecting arbitrator(s) and number of arbitrators
7. Place of Arbitration: Specification of the seat of arbitration and venue for hearings
8. Language of Arbitration: Specified language(s) for the arbitration proceedings
9. Governing Law: Law governing both the arbitration agreement and the substantive dispute
10. Arbitration Rules: Rules governing the arbitration procedure
11. Costs: Allocation of arbitration costs and legal fees
12. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
13. Execution: Signature blocks and execution details
1. Interim Measures: Provisions for emergency relief or interim measures, used when parties anticipate need for urgent relief
2. Document Disclosure: Specific rules for document production and exchange, used in complex disputes
3. Expert Evidence: Provisions regarding appointment and use of experts, relevant for technical disputes
4. Time Limits: Specific deadlines for various stages of arbitration, used when expedited process is desired
5. Appeals: Rights and procedures for appealing the award, if parties wish to preserve appeal rights
6. Multi-party Provisions: Special provisions for cases involving more than two parties
7. Settlement and Mediation: Provisions for attempted settlement or mediation before or during arbitration
8. Technology and Virtual Hearings: Provisions for use of technology and virtual proceedings, relevant for remote arbitrations
1. Schedule A - Dispute Description: Detailed description of the dispute including relevant facts and claims
2. Schedule B - Arbitration Rules: Copy or reference to specific arbitration rules being adopted
3. Schedule C - Arbitrator Qualifications: Required qualifications and experience for arbitrators
4. Schedule D - Procedural Timeline: Detailed timeline for the arbitration proceedings
5. Schedule E - Document Production Protocol: Agreed procedures for document disclosure and production
6. Appendix 1 - Key Documents: Copies of essential documents relevant to the dispute
7. Appendix 2 - Prior Correspondence: Relevant correspondence between parties regarding the dispute
Authors
Manufacturing
Construction
Financial Services
Technology
Energy and Resources
Professional Services
Real Estate
Healthcare
Retail
Transportation and Logistics
Mining
Agriculture
Telecommunications
Media and Entertainment
Legal
Compliance
Executive Leadership
Risk Management
Commercial Operations
Project Management
Business Development
Corporate Affairs
Contract Administration
Legal Operations
General Counsel
Legal Director
Corporate Lawyer
Compliance Officer
Chief Executive Officer
Chief Operating Officer
Contract Manager
Risk Manager
Business Development Director
Project Manager
Commercial Director
Legal Operations Manager
Dispute Resolution Specialist
Corporate Secretary
Chief Legal Officer
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