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Arbitration Confidentiality Agreement
"I need an Arbitration Confidentiality Agreement for a construction dispute between a UAE developer and an international contractor, with specific provisions for handling technical drawings and project documentation, to be used in DIAC arbitration proceedings starting March 2025."
1. Parties: Identification of all parties to the confidentiality agreement, including the disputing parties, arbitrators, and any institutional administrator
2. Background: Context of the arbitration and purpose of the confidentiality agreement
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', 'Arbitration Proceedings'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the arbitration
5. Confidentiality Obligations: Core obligations regarding non-disclosure and restricted use of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and court orders
7. Security Measures: Required measures for protecting and securing confidential information
8. Duration of Obligations: Time period for which confidentiality obligations remain in force
9. Return or Destruction of Information: Requirements for handling confidential information after the arbitration concludes
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for enforcement
1. Electronic Information Security: Additional provisions for securing electronic documents and communications, recommended when substantial electronic data is involved
2. Third Party Obligations: Provisions for ensuring confidentiality by third parties such as experts or witnesses, needed when third parties will have access to confidential information
3. Public Domain Exception: Provisions addressing information that becomes public through no fault of the parties, recommended for complex cases
4. Specific Industry Requirements: Additional provisions required for specific industries (e.g., financial services, healthcare), used when industry-specific regulations apply
5. Translation Requirements: Provisions for handling translated documents and maintaining confidentiality across languages, needed in multi-language arbitrations
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by authorized recipients
5. Appendix B - Data Handling Procedures: Specific procedures for handling, storing, and destroying confidential information
Authors
Arbitration
Arbitration Proceedings
Arbitral Tribunal
Authorized Recipients
Confidential Information
Dispute
Permitted Purpose
Permitted Disclosure
Security Measures
Confidentiality Obligations
Parties
Representatives
Trade Secrets
Proprietary Information
Material Non-Public Information
Business Sensitive Information
Working Day
Effective Date
Arbitral Institution
Governing Law
Jurisdiction
Breach
Undertaking
Legal Privilege
Third Party
Related Proceedings
Document
Electronic Information
Derivative Information
Definitions
Scope of Confidentiality
Confidentiality Obligations
Permitted Disclosures
Security Measures
Data Protection
Duration and Survival
Return or Destruction of Information
Breach and Remedies
Injunctive Relief
Non-Circumvention
Assignment
Severability
Force Majeure
Notices
Third Party Rights
Entire Agreement
Variation
Waiver
Governing Law
Jurisdiction
Costs
Counterparts
Legal Services
Financial Services
Construction
Energy
Technology
Healthcare
Manufacturing
Real Estate
Transportation
Telecommunications
Professional Services
International Trade
Maritime
Aviation
Legal
Compliance
Risk Management
Corporate Governance
Executive Leadership
Commercial Operations
Project Management
Document Control
Information Security
Corporate Affairs
Business Development
Procurement
General Counsel
Legal Director
Head of Legal
Chief Legal Officer
Arbitration Counsel
Legal Manager
Compliance Officer
Risk Manager
Contract Manager
Company Secretary
Chief Executive Officer
Chief Operating Officer
Project Director
Commercial Director
In-House Counsel
Dispute Resolution Manager
Legal Operations Manager
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