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Arbitration And Mediation Agreement
"I need an Arbitration and Mediation Agreement for a joint venture between a Saudi construction company and a UAE developer, to be effective from March 2025, with specific provisions for technical disputes to be referred to expert determination before mediation."
1. Parties: Identification of all contracting parties with full legal names and addresses
2. Background: Context of the agreement and the parties' intention to resolve disputes through arbitration and mediation
3. Definitions: Key terms used throughout the agreement, including 'Dispute', 'Arbitration', 'Mediation', 'Award', etc.
4. Agreement to Mediate: Express agreement to submit disputes to mediation as the first step of dispute resolution
5. Mediation Process: Detailed procedures for initiating and conducting mediation, including timeframes and mediator appointment
6. Agreement to Arbitrate: Express agreement to submit disputes to arbitration if mediation fails
7. Scope of Arbitration: Clear definition of which disputes are subject to arbitration
8. Arbitration Rules: Specification of applicable arbitration rules (e.g., SCCA Rules) and any modifications
9. Arbitral Tribunal: Process for appointing arbitrators, including number, qualifications, and replacement procedures
10. Seat and Language: Designation of the seat of arbitration and language of proceedings
11. Governing Law: Specification of Saudi law as governing law and reference to Sharia compliance
12. Confidentiality: Obligations regarding confidentiality of the proceedings and any outcomes
13. Costs: Allocation of costs for both mediation and arbitration proceedings
1. Emergency Measures: Procedures for seeking emergency relief before tribunal constitution, used in cases where urgent interim measures might be needed
2. Multi-Party Provisions: Special provisions for cases involving multiple parties, including joinder and consolidation
3. Expert Determination: Provisions for referring specific technical matters to expert determination
4. Industry-Specific Provisions: Special provisions relevant to specific industries (e.g., construction, technology)
5. Appeal Process: Optional provisions for internal appeals within the arbitration framework
6. Split Jurisdiction: Provisions specifying different dispute resolution methods for different types of disputes
7. Time-Limited Mediation: Specific timeframes for mediation before proceeding to arbitration
1. Schedule 1: Mediation Procedure: Detailed step-by-step mediation rules and procedures
2. Schedule 2: Arbitration Procedure: Detailed arbitration rules and procedures if not fully incorporating institutional rules
3. Schedule 3: Fee Schedule: Schedule of fees for mediators, arbitrators, and administrative costs
4. Schedule 4: Model Forms: Standard forms for notices, appointments, and other procedural documents
5. Schedule 5: Code of Ethics: Ethical guidelines for mediators and arbitrators
6. Appendix A: Mediator Qualifications: Required qualifications and credentials for mediators
7. Appendix B: Arbitrator Qualifications: Required qualifications and credentials for arbitrators
Authors
Construction & Engineering
Oil & Gas
Financial Services
Manufacturing
Technology & Telecommunications
Real Estate & Property Development
Healthcare
Retail & Consumer Goods
Transportation & Logistics
Professional Services
Legal
Compliance
Risk Management
Corporate Governance
Commercial Operations
Business Development
Contract Administration
Project Management
Executive Leadership
Dispute Resolution
Legal Director
General Counsel
Chief Legal Officer
Contract Manager
Commercial Director
Risk Manager
Compliance Officer
Legal Counsel
Corporate Secretary
Business Development Manager
Project Manager
Chief Executive Officer
Chief Financial Officer
Operations Director
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