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Arbitration Submission Agreement
"I need an Arbitration Submission Agreement under Indonesian law for a construction dispute between my company and a local contractor, with BANI arbitration in Jakarta, three arbitrators, and proceedings to be conducted in both English and Indonesian languages."
1. Parties: Identification and details of all parties to the arbitration agreement
2. Background: Context of the dispute and the parties' agreement to submit to arbitration
3. Definitions: Definitions of key terms used throughout the agreement
4. Dispute Description: Detailed description of the existing dispute being submitted to arbitration
5. Agreement to Arbitrate: Express agreement to submit the dispute to arbitration and waiver of court proceedings
6. Scope of Arbitration: Precise scope of matters to be determined by the arbitral tribunal
7. Arbitration Rules: Specification of the arbitration rules to be applied (e.g., BANI Rules, UNCITRAL Rules)
8. Seat and Venue: Designation of the seat of arbitration and physical venue for hearings
9. Arbitrator Appointment: Process for selecting and appointing arbitrators
10. Language: Specification of the language(s) to be used in the arbitration
11. Governing Law: Specification of Indonesian law as the governing law
12. Costs: Allocation of arbitration costs and legal fees
13. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
14. Notices: Process for serving notices and communications
15. Execution: Signature blocks and execution requirements
1. Interim Measures: Provisions regarding interim or emergency relief, used when there's a potential need for urgent temporary measures
2. Document Disclosure: Specific rules for document production and disclosure, used when extensive documentation is involved
3. Expert Determination: Provisions for appointing expert witnesses, used when technical expertise is required
4. Multiple Parties: Special provisions for cases involving more than two parties
5. Appeal Rights: Provisions regarding any agreed rights of appeal, used when parties want to preserve appeal options
6. Settlement Provisions: Procedures for recording settlement agreements reached during arbitration
7. Severability: Provisions ensuring survival of valid parts if others are found invalid
8. Third Party Rights: Provisions regarding rights of third parties, used when third party interests are involved
1. Schedule 1 - Dispute Documents: Key documents relating to the dispute (e.g., contracts, correspondence)
2. Schedule 2 - Arbitrator Qualifications: Required qualifications and experience for arbitrators
3. Schedule 3 - Procedural Timetable: Preliminary timetable for the arbitration proceedings
4. Schedule 4 - Cost Schedule: Detailed breakdown of arbitration costs and payment terms
5. Appendix A - Power of Attorney: If applicable, powers of attorney for party representatives
6. Appendix B - Supporting Evidence: List or copies of key evidence relevant to the dispute
Authors
Manufacturing
Construction
Energy
Mining
Oil and Gas
Financial Services
Technology
Telecommunications
Real Estate
Infrastructure
Maritime and Shipping
International Trade
Retail
Healthcare
Agriculture
Legal
Compliance
Risk Management
Corporate Affairs
Executive Leadership
Commercial Operations
Business Development
Finance
Corporate Governance
International Operations
Legal Director
General Counsel
Chief Legal Officer
Commercial Director
Chief Executive Officer
Chief Financial Officer
Contract Manager
Legal Manager
Compliance Officer
Risk Manager
Business Development Director
Operations Director
Project Manager
Corporate Secretary
Head of Legal
Dispute Resolution Counsel
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