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Binding Arbitration Agreement
"I need a Binding Arbitration Agreement governed by Hong Kong law for a technology services joint venture between a Hong Kong company and a mainland Chinese corporation, with specific provisions for intellectual property disputes and emergency relief procedures."
1. Parties: Identification and details 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 statement of parties' agreement to submit disputes to arbitration
5. Scope of Arbitration: Description of disputes covered by the arbitration agreement
6. Arbitration Rules: Specification of which arbitration rules will apply (e.g., HKIAC Rules)
7. Seat of Arbitration: Designation of Hong Kong as the seat of arbitration
8. Number and Appointment of Arbitrators: Process for selecting arbitrators and size of tribunal
9. Language of Arbitration: Specification of the language(s) to be used in proceedings
10. Governing Law: Specification of Hong Kong law as governing law
11. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
12. Costs: Allocation of arbitration costs and related expenses
13. Final and Binding Effect: Statement on the binding nature of the arbitral award
1. Emergency Relief: Provisions for emergency arbitrator procedures, used when parties want to explicitly provide for emergency relief
2. Interim Measures: Provisions regarding court-ordered interim measures, included when parties want to preserve court assistance options
3. Multi-party Provisions: Special provisions for arbitrations involving multiple parties, used when more than two parties may be involved
4. Expert Determination: Provisions for technical matters to be referred to expert determination, used in technical or industry-specific disputes
5. Mediation-Arbitration: Provisions for attempted mediation before arbitration, used when parties want to mandate mediation first
6. Time Limits: Specific timeframes for various stages of the arbitration, used when parties want to ensure expedited proceedings
7. Document Disclosure: Specific rules for document production and disclosure, used when parties want to define the scope of disclosure
1. Schedule 1: Arbitration Rules: Detailed arbitration rules if not incorporating by reference
2. Schedule 2: Fee Schedule: Detailed breakdown of arbitration fees and costs
3. Schedule 3: Notice Requirements: Detailed procedures for serving notices and communications
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 notice
6. Appendix C: Arbitrator Qualifications: Specific requirements and qualifications for arbitrators
Authors
Financial Services
Manufacturing
Technology
Real Estate
Construction
Professional Services
International Trade
Retail
Healthcare
Energy
Transportation
Telecommunications
Education
Entertainment
Maritime
Legal
Compliance
Risk Management
Corporate Secretariat
Executive Leadership
Operations
Commercial
Business Development
International Trade
Contracts Administration
General Counsel
Legal Director
Chief Legal Officer
Compliance Officer
Contract Manager
Legal Counsel
Corporate Secretary
Chief Executive Officer
Chief Operating Officer
Risk Manager
Commercial Director
Business Development Manager
Project Manager
Operations Director
International Trade Manager
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