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Dispute Resolution Terms
"I need standard Dispute Resolution Terms for a Malaysian manufacturing contract between two local companies, with basic mediation and arbitration provisions to be effective from March 2025."
1. Parties: Identification of all parties to the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the dispute resolution terms
4. Scope of Application: Specifies which disputes are covered by these terms and any exclusions
5. Good Faith Negotiations: Requirements for parties to attempt informal resolution before escalation
6. Mediation: Process and requirements for mediation, including mediator selection and timeframes
7. Arbitration: Comprehensive arbitration provisions, including seat, rules, number of arbitrators, and language
8. Governing Law: Specification of Malaysian law as governing law and its scope of application
9. Notices: Requirements for serving notices related to disputes
10. Costs: Allocation of costs for different dispute resolution processes
11. Confidentiality: Confidentiality obligations regarding dispute proceedings and outcomes
1. Emergency Relief: Procedures for seeking emergency interim relief, used in contracts where urgent remedies might be needed
2. Expert Determination: Process for technical disputes to be resolved by expert determination, useful for contracts involving technical matters
3. Multi-tiered Dispute Resolution: Additional tiers or steps in the dispute resolution process, useful for complex commercial relationships
4. Joinder and Consolidation: Provisions for joining additional parties or consolidating related disputes, important for multi-party contracts
5. Jurisdiction: Specific court jurisdiction provisions for matters not subject to arbitration, important for international contracts
6. Language: Specification of language(s) for dispute resolution processes, important for international contracts
7. Small Claims Procedure: Simplified procedure for smaller disputes, useful for contracts with varying dispute values
1. Mediation Procedure: Detailed steps and rules for the mediation process
2. Arbitration Rules: Specific arbitration rules to be followed, including any modifications
3. Fee Schedule: Schedule of fees for different dispute resolution processes
4. Notice Forms: Template forms for initiating different dispute resolution processes
5. Emergency Arbitrator Procedure: Detailed procedure for emergency arbitration if included
6. Expert Determination Procedure: Process and rules for expert determination if included
Authors
Manufacturing
Construction
Technology
Financial Services
Real Estate
Energy
Healthcare
Retail
Telecommunications
Professional Services
Education
Transportation
Agriculture
Mining
International Trade
Legal
Compliance
Risk Management
Commercial
Operations
Business Development
Procurement
Corporate Governance
Executive Leadership
Contract Administration
Legal Counsel
Contract Manager
Chief Legal Officer
Compliance Officer
Risk Manager
Commercial Director
Business Development Manager
Project Manager
Operations Director
Chief Executive Officer
Chief Financial Officer
Company Secretary
Procurement Manager
General Manager
Head of Legal
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