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Mandatory Arbitration Agreement

Mandatory Arbitration Agreement Template for Switzerland

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Key Requirements PROMPT example:

Mandatory Arbitration Agreement

"I need a Mandatory Arbitration Agreement under Swiss law for a technology company entering into multiple supplier relationships in Europe, with specific provisions for handling intellectual property disputes and requirements for arbitrators to have tech industry experience."

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Document background
The Mandatory Arbitration Agreement serves as a crucial legal instrument for parties seeking to ensure their disputes are resolved through arbitration in Switzerland, a jurisdiction internationally recognized for its arbitration-friendly environment and sophisticated legal framework. This document is typically used when parties want to establish a clear, binding commitment to arbitrate future disputes, leveraging Switzerland's well-developed arbitration infrastructure and neutral status. The agreement comprehensively addresses key aspects such as the scope of arbitrable disputes, arbitrator selection, procedural rules, and the binding nature of awards. It can be used either as a standalone agreement or incorporated into broader commercial contracts, and is particularly valuable for international business relationships where parties seek a neutral, efficient, and confidential dispute resolution mechanism.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

4. Agreement to Arbitrate: Clear statement of parties' agreement to submit disputes to binding arbitration

5. Scope of Arbitration: Specific types of disputes covered by the arbitration agreement

6. Arbitration Rules: Specified rules governing the arbitration (e.g., Swiss Rules of International Arbitration)

7. Seat of Arbitration: Designation of the place of arbitration in Switzerland

8. Language of Arbitration: Specified language(s) for the arbitration proceedings

9. Number and Selection of Arbitrators: Process for appointing arbitrators and size of tribunal

10. Governing Law: Law applicable to both the arbitration agreement and the underlying dispute

11. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings

12. Costs: Allocation of arbitration costs and legal fees

13. Final and Binding Nature: Statement confirming the binding nature of the arbitral award

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Emergency Relief: Provisions for emergency arbitrator and interim measures, particularly relevant for commercial disputes

2. Multi-Party Provisions: Additional provisions for agreements involving more than two parties

3. Industry-Specific Provisions: Special requirements for particular industries or regulated sectors

4. Appeal Process: Any agreed procedures for challenging the award, if permitted

5. Mediation Step: Required mediation attempt before proceeding to arbitration

6. Document Production: Specific rules regarding the scope and process of document production

7. Expert Determination: Provisions for appointing and using expert witnesses

8. Time Limits: Specific deadlines for various stages of the arbitration process

Suggested Schedules

1. Schedule 1: Arbitration Rules: Complete set of chosen arbitration rules if not incorporating by reference

2. Schedule 2: Fee Schedule: Detailed breakdown of arbitration costs and fees

3. Schedule 3: Notice Requirements: Specific procedures and addresses for serving notices

4. Schedule 4: Model Arbitration Clause: Standard clause for incorporation into other agreements

5. Appendix A: Arbitrator Qualifications: Required qualifications and experience for arbitrators

6. Appendix B: Procedural Timeline: Expected timeline for various stages of the arbitration process

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
Arbitral Award
Arbitral Tribunal
Arbitration
Arbitrator
Business Day
Claim
Confidential Information
Costs
Dispute
Emergency Arbitrator
Governing Law
Interim Measures
Notice
Parties
Proceedings
Rules
Seat of Arbitration
Secretary of the Tribunal
Swiss Rules
Term
Tribunal-Appointed Experts
Working Hours
Writing/Written Form
Force Majeure
Applicable Law
Arbitration Institution
Counter-claim
Default Award
Emergency Relief
Hearing
Interim Award
Jurisdiction
Language of Arbitration
Majority
Party-Appointed Experts
Preliminary Conference
Presiding Arbitrator
Procedural Order
Relief Sought
Statement of Claim
Statement of Defense
Terms of Reference
Witness
Relevant Industries

Financial Services

Manufacturing

Technology

Professional Services

Construction

Real Estate

Healthcare

Retail

Energy

Telecommunications

Transportation

Insurance

Agriculture

Pharmaceuticals

International Trade

Education

Hospitality

Relevant Teams

Legal

Compliance

Executive Leadership

Human Resources

Risk Management

Commercial Operations

Procurement

Business Development

International Operations

Contract Administration

Relevant Roles

General Counsel

Legal Director

Corporate Lawyer

Contract Manager

Chief Legal Officer

Compliance Officer

Legal Counsel

Business Development Director

Chief Executive Officer

Chief Operating Officer

Risk Manager

Human Resources Director

Procurement Manager

Commercial Director

International Business Manager

Industries
Swiss Federal Act on Private International Law (PILA): Chapter 12 (Articles 176-194) governs international arbitration in Switzerland, including requirements for valid arbitration agreements, arbitrability of disputes, and procedural rules
Swiss Code of Obligations: Contains fundamental contract law principles that affect the validity and enforceability of arbitration agreements, including provisions on contract formation, consent, and capacity
Swiss Civil Procedure Code: Articles 353-399 govern domestic arbitration proceedings and provide rules for arbitration agreements in domestic disputes
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: International treaty that ensures recognition and enforcement of arbitral awards across jurisdictions, particularly relevant for international arbitration agreements
Swiss Federal Employment Law: Contains restrictions on arbitration agreements in employment relationships, particularly regarding mandatory jurisdiction provisions
Swiss Consumer Protection Law: Provides limitations on arbitration agreements involving consumers to protect their rights and ensure fair dispute resolution
Swiss Rules of International Arbitration: While not legislation, these rules are often incorporated into arbitration agreements and provide detailed procedures for conducting arbitration in Switzerland
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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