Applicable Law Arbitration Agreement Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
The Applicable Law and Arbitration Agreement is a critical legal instrument used when parties wish to establish clear parameters for dispute resolution and specify Swiss law as the governing law of their relationship. This document is particularly valuable for international commercial relationships due to Switzerland's reputation as a neutral and efficient arbitration venue. The agreement should be implemented when parties want to ensure their disputes are resolved through arbitration rather than court litigation, providing for confidentiality, efficiency, and expertise in dispute resolution. It includes comprehensive provisions covering the choice of Swiss law, arbitration procedures, appointment of arbitrators, and enforcement of awards. This type of agreement is especially relevant given Switzerland's well-developed arbitration framework under the Swiss Private International Law Act and its recognition of international arbitration conventions.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant Industries

Financial Services

Manufacturing

Technology

Construction

Energy

International Trade

Professional Services

Healthcare

Real Estate

Telecommunications

Transportation

Insurance

Pharmaceuticals

Consumer Goods

Industrial Products

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Business Development

International Operations

Commercial Operations

Executive Leadership

Contract Management

Corporate Affairs

Relevant Roles

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

Industries
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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