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Pre Dispute Arbitration Agreement
"I need a Pre Dispute Arbitration Agreement governed by Saudi law for a joint venture between a local manufacturing company and an international technology firm, with specific provisions for emergency arbitration and technical expert determination."
1. Parties: Identification of all parties entering into the arbitration agreement, including full legal names, addresses, and registration details if applicable
2. Background: Context of the relationship between the parties and the purpose of entering into this pre-dispute arbitration agreement
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Scope of Arbitration: Clear definition of what types of disputes are covered by the arbitration agreement
5. Governing Law: Explicit statement that Saudi law governs the agreement and the arbitration process
6. Arbitration Rules: Specification of which arbitration rules will apply (e.g., Saudi Center for Commercial Arbitration Rules)
7. Arbitrator Selection: Process for selecting arbitrators, including number of arbitrators and qualification requirements
8. Language of Arbitration: Specification of the language(s) in which the arbitration will be conducted
9. Seat of Arbitration: Designation of the place of arbitration within Saudi Arabia
10. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and any related documents
11. Costs: Allocation of arbitration costs and expenses between the parties
12. Notices: Process for serving notices related to the arbitration proceedings
13. Execution: Formal execution provisions including signature blocks and witnessing requirements
1. Emergency Arbitrator Provisions: Optional provisions for appointment of emergency arbitrators in urgent cases, recommended for high-value commercial relationships
2. Multi-Party Provisions: Additional provisions for cases where more than two parties might be involved in future disputes
3. Expert Determination: Provisions for referring specific technical matters to expert determination rather than full arbitration
4. Mediation Step: Optional requirement for parties to attempt mediation before proceeding to arbitration
5. Document Preservation: Special provisions regarding preservation and production of documents, recommended for complex commercial relationships
6. Third Party Funding: Provisions regarding disclosure and regulation of third party funding arrangements
7. Appeals Process: Optional provisions for internal appeals within the arbitration framework, if permitted under Saudi law
1. Schedule 1: Arbitration Rules: Complete copy or reference to the chosen arbitration rules
2. Schedule 2: Fee Schedule: Detailed breakdown of administrative fees and arbitrator fees
3. Schedule 3: Model Notice of Arbitration: Template for initiating arbitration proceedings
4. Appendix A: Special Procedures: Any specific procedures agreed by the parties for the conduct of arbitration
5. Appendix B: Required Qualifications of Arbitrators: Detailed specifications for arbitrator qualifications and experience
Authors
Construction
Manufacturing
Technology
Financial Services
Energy
Healthcare
Real Estate
Telecommunications
Professional Services
Mining
Oil & Gas
Retail
Transportation
Industrial
Agriculture
Legal
Commercial
Compliance
Risk Management
Executive Leadership
Business Development
Corporate Affairs
International Operations
Project Management
Contract Administration
General Counsel
Legal Director
Commercial Director
Chief Executive Officer
Chief Legal Officer
Contract Manager
Legal Counsel
Business Development Director
Risk Manager
Compliance Officer
Chief Operating Officer
Project Manager
Commercial Manager
International Business Manager
Corporate Secretary
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