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Applicable Law Arbitration Agreement
"I need an Applicable Law and Arbitration Agreement under Swiss law for a software licensing dispute resolution mechanism between our US tech company and a Swiss software provider, specifying the Swiss Chambers' Arbitration Institution rules and English as the language of arbitration."
1. Parties: Identification and details of the contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and reference to any main agreement this arbitration clause relates to
3. Definitions: Key terms used throughout the agreement, including 'Dispute', 'Arbitration Rules', 'Seat of Arbitration', etc.
4. Governing Law: Clear statement of Swiss law as the governing law, specifying which aspects of the relationship it governs
5. Agreement to Arbitrate: Express agreement to submit disputes to arbitration and waiver of court proceedings
6. Scope of Arbitration: Types of disputes covered by the arbitration agreement
7. Arbitration Procedure: Details of the arbitration process, including number of arbitrators, appointment procedure, and language
8. Seat of Arbitration: Specification of the arbitration seat in Switzerland and its implications
9. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and related documents
10. Costs: Allocation of arbitration costs and legal fees
11. Execution: Signature blocks and execution formalities
1. Emergency Relief: Provisions for emergency arbitrator proceedings, used when parties want to allow for urgent interim measures
2. Multi-tier Dispute Resolution: Including mediation or negotiation steps before arbitration, used when parties prefer attempting amicable resolution first
3. Joinder and Consolidation: Provisions allowing additional parties to join or consolidate related arbitrations, useful in complex multi-party relationships
4. Expert Determination: Provisions for referring specific technical matters to expert determination, useful in technical or industry-specific disputes
5. Separability: Explicit statement of the arbitration clause's independence from the main contract, particularly important if this is a standalone agreement
1. Schedule 1: Arbitration Institution Rules: Complete set of rules of the chosen arbitration institution (e.g., Swiss Chambers' Arbitration Institution Rules)
2. Schedule 2: Notice Requirements: Detailed procedures for serving notices related to arbitration proceedings
3. Schedule 3: Model Request for Arbitration: Template for initiating arbitration proceedings
4. Appendix A: Special Industry Requirements: Any industry-specific arbitration requirements or procedures
5. Appendix B: Fee Schedule: Schedule of administrative fees and arbitrator fees if not using institutional rules
Authors
Arbitral Tribunal
Arbitration
Arbitration Rules
Award
Business Day
Claim
Confidential Information
Dispute
Emergency Arbitrator
Governing Law
Institution
Notice
Parties
Related Agreement
Rules
Seat of Arbitration
Swiss Law
Third Party
Working Day
Writing
Dispute Notice
Hearing
Interim Measures
Party Representative
Proceedings
Relief
Terms of Reference
Tribunal Secretary
Witness
Jurisdiction
Arbitration
Scope of Arbitration
Arbitrator Appointment
Arbitration Procedure
Language of Arbitration
Seat of Arbitration
Confidentiality
Costs and Fees
Emergency Relief
Interim Measures
Notice Requirements
Severability
Waiver
Amendment
Entire Agreement
Counterparts
Execution
Force Majeure
Time Limits
Expert Determination
Multi-tiered Dispute Resolution
Joinder
Consolidation
Document Production
Evidence
Witness Testimony
Awards
Enforcement
Financial Services
Manufacturing
Technology
Construction
Energy
International Trade
Professional Services
Healthcare
Real Estate
Telecommunications
Transportation
Insurance
Pharmaceuticals
Consumer Goods
Industrial Products
Legal
Compliance
Risk Management
Corporate Governance
Business Development
International Operations
Commercial Operations
Executive Leadership
Contract Management
Corporate Affairs
General Counsel
Legal Director
Chief Legal Officer
Contract Manager
Legal Counsel
Corporate Secretary
Compliance Officer
Risk Manager
Business Development Director
Commercial Director
Chief Executive Officer
Chief Operating Officer
International Business Manager
Project Manager
Head of Legal
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