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Arbitrary Agreement Contract

Arbitrary Agreement Contract Template for Switzerland

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Key Requirements PROMPT example:

Arbitrary Agreement Contract

"I need an Arbitrary Agreement Contract under Swiss law for a technology consulting arrangement between our Zurich-based software company and a German IT service provider, with specific focus on data protection and cross-border service delivery, to commence from March 2025."

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Document background
The Arbitrary Agreement Contract serves as a versatile legal instrument under Swiss law, designed to accommodate a wide range of business relationships and commercial arrangements. This document type is particularly useful when parties need a customizable framework that doesn't fit within standard contract categories. It incorporates essential elements required by Swiss contract law while maintaining flexibility to adapt to specific business needs. The agreement is structured to comply with the Swiss Code of Obligations and other relevant Swiss legislation, making it suitable for both domestic and international business relationships. It can be used for various purposes, from simple business arrangements to complex commercial relationships, and includes provisions for multiple scenarios while ensuring legal enforceability under Swiss jurisdiction.
Suggested Sections

1. Parties: Detailed identification of the contracting parties, including full legal names, addresses, and registration details if applicable

2. Background: Context and purpose of the agreement, including any relevant history or circumstances leading to the contract

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including language interpretation principles given Swiss multilingual context

4. Subject Matter: Core obligations and main subject matter of the agreement

5. Duration and Termination: Contract term, renewal provisions, and termination rights

6. Financial Provisions: Payment terms, pricing, invoicing, and any financial obligations

7. Representations and Warranties: Key statements of fact and promises made by each party

8. Liability and Indemnification: Allocation of risks and responsibilities between parties

9. Force Majeure: Provisions for unforeseen circumstances preventing contract performance

10. Confidentiality: Protection of confidential information and trade secrets

11. Notices: Communication requirements and contact details for formal notices

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

13. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

14. Execution: Signature blocks and execution formalities

Optional Sections

1. Intellectual Property Rights: Required when the agreement involves IP creation, transfer, or licensing

2. Data Protection: Required when personal data processing is involved, ensuring compliance with Swiss data protection laws

3. Non-Competition: Optional restrictions on competitive activities, subject to Swiss competition law limitations

4. Insurance: Required when specific insurance coverage needs to be maintained by either party

5. Bank Guarantee: Optional section for when financial security is required

6. Compliance with Laws: Required for regulated industries or when specific regulatory compliance is crucial

7. Step-in Rights: Optional provisions allowing one party to take over certain obligations in specific circumstances

8. Assignment and Subcontracting: Required when transfer of rights or obligations needs to be specifically regulated

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed description of services or deliverables if applicable

2. Schedule 2 - Pricing and Payment Terms: Detailed breakdown of pricing, payment schedules, and financial terms

3. Schedule 3 - Key Personnel: List of key individuals involved in contract performance if relevant

4. Schedule 4 - Technical Requirements: Technical specifications or requirements if applicable

5. Schedule 5 - Form of Notice: Template forms for formal notices under the agreement

6. Appendix A - Definitions: Extended definitions if too lengthy for main agreement

7. Appendix B - Compliance Requirements: Detailed regulatory or compliance requirements if applicable

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
Applicable Law
Business Day
Commencement Date
Confidential Information
Contract Year
Control
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Material Adverse Effect
Notice
Party/Parties
Personal Data
Representatives
Services
Subsidiary
Swiss Francs/CHF
Term
Territory
Third Party
Working Hours
Working Day
Affiliate
Applicable Permits
Business
Change of Control
Dispute
Group
Liabilities
Material Breach
Regulatory Authority
Related Party
Termination Date
VAT
Clauses
Definitions and Interpretation
Scope of Agreement
Duration and Term
Rights and Obligations
Payment Terms
Representations and Warranties
Confidentiality
Intellectual Property
Data Protection
Force Majeure
Liability and Indemnification
Insurance
Assignment and Transfer
Termination
Consequences of Termination
Notice Requirements
Amendment and Variation
Entire Agreement
Severability
Waiver
Third Party Rights
Counterparts
Compliance with Laws
Anti-Corruption
Dispute Resolution
Governing Law and Jurisdiction
Language
Non-Competition
Audit Rights
Subcontracting
Performance Standards
Record Keeping
Personnel
Change Control
Security Requirements
Business Continuity
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Real Estate

Trading

Construction

Consulting

Education

Retail

Telecommunications

Energy

Transportation

Hospitality

Relevant Teams

Legal

Compliance

Commercial

Business Development

Operations

Risk Management

Corporate Secretariat

Finance

Project Management

Executive Leadership

Procurement

Administration

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Chief Legal Officer

Commercial Director

Compliance Officer

Corporate Secretary

Risk Manager

Operations Manager

Project Manager

General Counsel

Managing Director

Chief Executive Officer

Chief Financial Officer

Business Unit Head

Industries
Swiss Code of Obligations (OR): The fundamental law governing contracts in Switzerland, particularly Articles 1-40 covering contract formation, form, and validity
Swiss Civil Code (ZGB): Provides basic principles of Swiss private law and good faith requirements that apply to all legal relationships
Swiss Civil Procedure Code (ZPO): Relevant for dispute resolution clauses and enforcement of contractual rights
Federal Act on International Private Law (IPRG): Important for international aspects of the contract and choice of law provisions
Federal Language Act: Regulates the use of official languages in Switzerland, relevant for contracts involving Swiss public entities
Swiss Competition Act: May be relevant if the agreement contains competition-sensitive provisions or restrictions
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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