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Applicable Law Arbitration Agreement
"I need an Applicable Law Arbitration Agreement under Hong Kong law for a joint venture between a technology company and a manufacturing company, with specific provisions for intellectual property disputes and emergency relief procedures."
1. Parties: Identification of all parties entering into the arbitration agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Agreement to Arbitrate: Clear expression of parties' consent to submit disputes to arbitration
5. Scope of Arbitration: Types of disputes covered by the arbitration agreement
6. Governing Law: Specification of Hong Kong law as the governing law
7. Seat of Arbitration: Designation of Hong Kong as the seat of arbitration
8. Arbitration Rules: Specification of applicable arbitration rules (e.g., HKIAC Rules)
9. Language of Arbitration: Specification of the language in which arbitration will be conducted
10. Number and Appointment of Arbitrators: Process for selecting arbitrators and size of tribunal
11. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
12. Costs: Allocation of arbitration costs and legal fees
13. Execution: Signature blocks and execution formalities
1. Emergency Relief: Provisions for emergency arbitrator appointments and interim measures, recommended for complex commercial relationships
2. Multi-party Provisions: Special provisions for arbitrations involving multiple parties, needed when more than two parties are involved
3. Consolidation: Provisions allowing consolidation of related arbitrations, useful for complex business relationships with multiple contracts
4. Expert Determination: Provisions for technical matters to be decided by experts, relevant for technical or industry-specific disputes
5. Mediation-Arbitration: Provisions for attempting mediation before arbitration, useful for parties wanting to preserve business relationships
6. Appeal Mechanism: Provisions for appeals within the arbitration framework, recommended for high-value or complex disputes
1. Schedule 1: Arbitration Rules: Full text or reference to the chosen arbitration rules (e.g., HKIAC Rules)
2. Schedule 2: Notice Requirements: Detailed procedures for serving notices and communications
3. Schedule 3: Fee Schedule: Reference to applicable arbitration fees and costs
4. Appendix A: Model Notice of Arbitration: Template for initiating arbitration proceedings
5. Appendix B: Model Response to Notice of Arbitration: Template for responding to arbitration notices
Authors
Interpretation
Agreement to Arbitrate
Governing Law
Jurisdiction
Seat of Arbitration
Language of Arbitration
Arbitral Tribunal
Appointment of Arbitrators
Arbitration Rules
Confidentiality
Notice Requirements
Interim Measures
Emergency Relief
Costs and Fees
Evidence
Hearings
Awards
Enforcement
Severability
Waiver
Entire Agreement
Amendment
Execution
Financial Services
International Trade
Manufacturing
Technology
Real Estate
Construction
Energy
Transportation
Professional Services
Retail
Healthcare
Telecommunications
Maritime
Insurance
Legal
Compliance
Risk Management
Corporate Governance
Business Development
Operations
Commercial
Executive Leadership
Company Secretariat
Contract Management
General Counsel
Legal Director
Corporate Lawyer
Compliance Officer
Contract Manager
Legal Operations Manager
Risk Manager
Commercial Director
Chief Legal Officer
Business Development Manager
Chief Executive Officer
Chief Operating Officer
Company Secretary
In-house Counsel
Legal Counsel
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