Applicable Law Arbitration Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Applicable Law Arbitration Agreement is a crucial document for businesses engaging in commercial relationships who wish to have their disputes resolved through arbitration under Hong Kong law. This agreement is particularly valuable for international business transactions, as it provides certainty regarding the dispute resolution process and takes advantage of Hong Kong's sophisticated arbitration framework, which is based on the UNCITRAL Model Law and supported by pro-arbitration courts. The document specifies key elements such as the seat of arbitration, applicable rules, appointment of arbitrators, and procedural matters, while ensuring compliance with the Hong Kong Arbitration Ordinance (Cap. 609). It is commonly used in various commercial contracts, from simple bilateral agreements to complex multi-party arrangements, and can be tailored to specific business needs while maintaining enforceability both in Hong Kong and internationally through the New York Convention.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 legal definitions
Relevant Industries

Financial Services

International Trade

Manufacturing

Technology

Real Estate

Construction

Energy

Transportation

Professional Services

Retail

Healthcare

Telecommunications

Maritime

Insurance

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Business Development

Operations

Commercial

Executive Leadership

Company Secretariat

Contract Management

Relevant Roles

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

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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