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Arbitration Submission Agreement
"I need an Arbitration Submission Agreement under Hong Kong law for a complex technology licensing dispute between a mainland Chinese software company and a Hong Kong telecommunications provider, with specific provisions for handling confidential source code and technical documentation."
1. Parties: Identification of all parties to the agreement, including their full legal names, registration details, and addresses
2. Background: Description of the existing dispute between the parties and any relevant history leading to this agreement
3. Definitions: Definitions of key terms used throughout the agreement, including references to the arbitration rules and relevant legislation
4. Agreement to Arbitrate: Core provision where parties agree to submit their dispute to arbitration and waive their right to litigate
5. Scope of Arbitration: Precise description of which disputes are being submitted to arbitration
6. Arbitration Procedure: Details of the arbitration process, including seat of arbitration, number of arbitrators, arbitration rules, and language
7. Appointment of Arbitrators: Process for selecting and appointing arbitrators, including any agreed qualifications
8. Governing Law: Specification of Hong Kong law as governing law and relevant arbitration legislation
9. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and any related documents
10. Costs: Provisions regarding allocation of arbitration costs and legal fees
1. Interim Measures: Provisions regarding the power of the tribunal to grant interim measures, used when parties anticipate need for urgent relief
2. Multi-party Provisions: Special provisions for cases involving more than two parties, including joinder and consolidation
3. Expert Determination: Provisions for appointment of experts, used when technical expertise is required
4. Mediation-Arbitration: Provisions for attempted mediation before proceeding to arbitration, used when parties want to try settlement first
5. Document Preservation: Specific obligations regarding preservation of documents, used in document-heavy disputes
6. Language of Documents: Provisions regarding translation of documents, used when parties operate in different languages
1. Schedule 1: Dispute Description: Detailed description of the dispute being submitted to arbitration
2. Schedule 2: Arbitration Procedure Rules: Specific procedural rules agreed by the parties, supplementing the chosen arbitration rules
3. Schedule 3: Documents List: List of key documents relevant to the dispute
4. Schedule 4: Arbitrator Qualifications: Detailed requirements for arbitrator qualifications and experience
5. Appendix A: Timeline: Agreed timeline for the arbitration proceedings
6. Appendix B: Fee Schedule: Schedule of arbitration fees and cost allocation principles
Authors
Arbitral Tribunal
Arbitration
Arbitration Ordinance
Arbitration Rules
Arbitrators
Award
Business Day
Claim
Claimant
Confidential Information
Costs
Dispute
Documents
Effective Date
Emergency Arbitrator
Governing Law
HKIAC
Hong Kong
Interim Measures
Model Law
Notice
Parties
Presiding Arbitrator
Proceedings
Respondent
Rules
Seat of Arbitration
Statement of Claim
Statement of Defense
Supporting Documents
Tribunal Secretary
Working Day
Recitals
Definitions
Agreement to Arbitrate
Scope of Arbitration
Appointment of Arbitrators
Arbitration Procedure
Seat of Arbitration
Governing Law
Language of Arbitration
Confidentiality
Costs and Fees
Interim Measures
Evidence
Hearings
Awards
Communications
Time Limits
Severability
Entire Agreement
Amendment
Waiver
Notices
Counterparts
Third Party Rights
Force Majeure
Document Preservation
Expert Determination
Joinder
Consolidation
Manufacturing
Construction
Financial Services
Technology
International Trade
Real Estate
Energy
Infrastructure
Maritime
Professional Services
Retail
Healthcare
Telecommunications
Insurance
Mining and Resources
Legal
Compliance
Risk Management
Corporate Governance
Commercial Operations
Contract Management
Business Development
Executive Leadership
Finance
Project Management
General Counsel
Legal Director
Chief Legal Officer
Dispute Resolution Manager
Commercial Director
Contract Manager
Legal Counsel
Corporate Secretary
Risk Manager
Compliance Officer
Chief Executive Officer
Chief Financial Officer
Project Manager
Business Development Director
Operations Director
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