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Arbitration And Mediation Agreement

Arbitration And Mediation Agreement Template for Australia

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Key Requirements PROMPT example:

Arbitration And Mediation Agreement

"I need an Arbitration and Mediation Agreement for a joint venture between my Australian technology company and a Singapore-based manufacturer, with specific provisions for online dispute resolution and emergency arbitration procedures."

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Document background
The Arbitration And Mediation Agreement serves as a crucial document for parties seeking to establish clear, efficient, and cost-effective dispute resolution mechanisms outside traditional court proceedings. This agreement is particularly valuable in commercial relationships where parties wish to maintain confidentiality and business relationships while resolving disputes. It is designed to comply with Australian federal legislation, including the International Arbitration Act 1974 (Cth) and the Civil Dispute Resolution Act 2011, as well as state-based Commercial Arbitration Acts. The document provides comprehensive procedures for both mediation and arbitration, including mediator and arbitrator selection, conduct of proceedings, cost allocation, and confidentiality obligations. It can be customized for various industries and commercial relationships, making it suitable for both domestic and international business arrangements where at least one party is operating in Australia.
Suggested Sections

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Agreement to Mediate: Commitment to attempt mediation before arbitration and circumstances triggering mediation

5. Mediation Procedure: Detailed process for initiating and conducting mediation, including mediator selection

6. Agreement to Arbitrate: Scope of disputes subject to arbitration and circumstances triggering arbitration

7. Arbitration Procedure: Process for initiating arbitration, selecting arbitrators, and conducting proceedings

8. Governing Law and Jurisdiction: Specification of Australian law as governing law and relevant jurisdiction

9. Confidentiality: Obligations regarding confidentiality of mediation and arbitration proceedings

10. Costs and Expenses: Allocation of costs for mediation and arbitration proceedings

11. Notices: Process for giving formal notices under the agreement

12. General Provisions: Standard provisions including severability, entire agreement, and amendments

Optional Sections

1. Emergency Arbitration: Procedures for emergency relief before tribunal constitution, used in agreements where urgent interim measures might be needed

2. Multi-Party Provisions: Special provisions for disputes involving multiple parties, used when more than two parties are involved

3. Expert Determination: Provisions for technical matters to be referred to expert determination, useful for industry-specific disputes

4. Online Dispute Resolution: Procedures for conducting virtual mediations and arbitrations, particularly relevant post-COVID

5. Industry-Specific Provisions: Special provisions relevant to particular industries or sectors

6. Appeals Process: Provisions for appealing arbitral awards, if parties wish to include this option

Suggested Schedules

1. Schedule 1 - Mediation Rules: Detailed rules and procedures for the conduct of mediation

2. Schedule 2 - Arbitration Rules: Detailed rules and procedures for the conduct of arbitration

3. Schedule 3 - Fee Schedule: Schedule of fees for mediators, arbitrators, and administrative costs

4. Schedule 4 - Notice Forms: Template forms for various notices under the agreement

5. Schedule 5 - Code of Conduct: Code of conduct for mediators and arbitrators

6. Appendix A - Mediator/Arbitrator Qualifications: Required qualifications and experience for mediators and arbitrators

7. Appendix B - Confidentiality Undertaking: Standard form confidentiality agreement for all participants

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Arbitration
Arbitral Award
Arbitral Tribunal
Arbitrator
Business Day
Claim
Commencement Date
Confidential Information
Costs
Dispute
Dispute Notice
Emergency Arbitrator
Expert
Force Majeure Event
Governing Law
Hearing
IAMA Rules
Institution
Interim Measures
Jurisdiction
Mediation
Mediation Notice
Mediator
Notice
Party/Parties
Proceedings
Related Entities
Representatives
Rules
Seat of Arbitration
Secretary
Senior Executive
Settlement Agreement
Technical Expert
Terms of Reference
Tribunal
UNCITRAL Rules
Working Day
Writing/Written
Clauses
Parties
Interpretation
Definitions
Agreement to Mediate
Agreement to Arbitrate
Scope of Agreement
Governing Law
Jurisdiction
Mediation Process
Arbitration Process
Appointment of Mediator
Appointment of Arbitrators
Confidentiality
Costs and Fees
Time Limits
Expert Determination
Interim Measures
Emergency Relief
Evidence
Hearings
Awards
Settlement
Enforcement
Communications
Notices
Force Majeure
Severability
Amendment
Waiver
Entire Agreement
Termination
Multiple Parties
Assignment
Third Party Rights
Relevant Industries

Construction

Mining

Financial Services

Technology

Manufacturing

Professional Services

Real Estate

Healthcare

Energy and Resources

Transportation and Logistics

Retail and Consumer Goods

Agriculture

Education

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Commercial

Operations

Executive Leadership

Procurement

Business Development

Contract Administration

Corporate Governance

Relevant Roles

Legal Counsel

Contract Manager

Chief Legal Officer

Risk Manager

Commercial Director

Chief Executive Officer

Chief Operating Officer

Compliance Officer

Business Development Manager

Project Manager

General Manager

Company Secretary

Procurement Manager

Operations Manager

Industries
International Arbitration Act 1974 (Cth): Federal legislation governing international arbitration in Australia, incorporating the UNCITRAL Model Law and providing the framework for enforcement of foreign arbitral awards
Commercial Arbitration Act 2010 (State-based): State-based legislation governing domestic arbitration, providing the framework for conducting arbitration within Australia
Civil Dispute Resolution Act 2011 (Cth): Federal legislation promoting alternative dispute resolution methods before commencing court proceedings
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010): Contains provisions affecting the enforceability of arbitration agreements involving consumers and unfair contract terms
Civil Procedure Act 2005 (State-based): State-based legislation containing provisions for court-referred mediation and arbitration
Mediation Act (State-based): State-specific legislation governing mediation procedures and mediator accreditation requirements
Legal Profession Uniform Law (where applicable): Regulates legal practitioners involved in arbitration and mediation, including conduct and cost disclosure requirements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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