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Arbitration Confidentiality Agreement
"Need an Arbitration Confidentiality Agreement for a technology sector dispute involving source code and trade secrets, with enhanced cybersecurity provisions and specific requirements for virtual data rooms to be used during the Hong Kong-seated arbitration commencing March 2025."
1. Parties: Identification of all parties to the agreement, including their full legal names and registered addresses
2. Background: Context of the agreement, including reference to the underlying arbitration proceedings
3. Definitions: Definitions of key terms including 'Confidential Information', 'Arbitration', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to legal advisors, experts, and courts
7. Security Measures: Required measures for protecting and storing confidential information
8. Duration of Obligations: Period for which confidentiality obligations remain in force
9. Return or Destruction of Information: Requirements for handling confidential information after the arbitration concludes
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
1. Third Party Rights: Section addressing rights of third parties under the agreement, relevant when third parties may be involved in the arbitration
2. Data Protection Compliance: Additional provisions for compliance with data protection laws, necessary when personal data is involved
3. Intellectual Property Rights: Provisions addressing IP rights in confidential information, relevant when IP is part of the arbitration
4. Insurance Requirements: Obligations to maintain insurance coverage for potential breaches, useful for high-value or sensitive cases
5. Publicity and Communications: Specific provisions regarding public statements about the arbitration, relevant for high-profile cases
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template undertaking to be signed by individuals who will have access to confidential information
5. Appendix B - Notification Requirements: Procedures and timeframes for notifications regarding disclosure or breach of confidential information
Authors
Recitals
Definitions
Scope of Agreement
Confidentiality Obligations
Permitted Disclosures
Information Security
Data Protection
Duration
Return of Information
Destruction of Information
Breach Notification
Remedies
Injunctive Relief
Third Party Rights
Assignment
Severability
Entire Agreement
Amendments
Notices
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Waiver
Costs
Counterparts
Authority
Survival
Interpretation
Financial Services
Manufacturing
Technology
Construction
Energy
International Trade
Pharmaceuticals
Maritime
Real Estate
Professional Services
Telecommunications
Healthcare
Infrastructure
Mining
Intellectual Property
Legal
Compliance
Risk Management
Corporate Governance
Information Security
Executive Leadership
Operations
Document Control
Regulatory Affairs
Privacy
General Counsel
Legal Director
Arbitration Counsel
Compliance Officer
Risk Manager
Corporate Secretary
Legal Operations Manager
Dispute Resolution Director
Chief Legal Officer
Privacy Officer
Contract Manager
Legal Counsel
Chief Executive Officer
Chief Financial Officer
Head of Legal
Information Security Officer
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