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Agreement To Arbitrate Form
"I need an Agreement To Arbitrate Form governed by Philippine law for my technology company's standard commercial contracts, with specific provisions for handling intellectual property disputes and technical expert appointments."
1. Parties: Identification of all parties entering into the arbitration agreement, including their full legal names, addresses, and contact details
2. Background: Brief context explaining the relationship between the parties and the purpose of entering into this arbitration agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Agreement to Arbitrate: The core provision where parties explicitly agree to submit disputes to arbitration
5. Scope of Arbitration: Detailed description of what types of disputes are covered by the arbitration agreement
6. Governing Law: Specification that Philippine law governs the agreement and arbitration proceedings
7. Arbitration Rules: Specification of which arbitration rules will apply (e.g., PDRCI Rules, UNCITRAL Rules)
8. Appointment of Arbitrators: Process for selecting arbitrators, including number of arbitrators and appointment procedure
9. Seat of Arbitration: Designation of the place of arbitration within the Philippines
10. Language of Arbitration: Specification of the language in which proceedings will be conducted
11. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and any resulting award
12. Costs: Provisions regarding the allocation of arbitration costs and legal fees
13. Final and Binding Effect: Statement that the arbitration award shall be final and binding on the parties
1. Emergency Relief: Provisions for emergency arbitrator or interim measures, useful for agreements where urgent relief might be needed
2. Multi-tier Dispute Resolution: Include when parties want to attempt negotiation or mediation before proceeding to arbitration
3. Joinder and Consolidation: Include when multiple related contracts or parties might be involved in potential disputes
4. Document Preservation: Include when dealing with industries where document retention is crucial
5. Technical Expert Provisions: Include when disputes are likely to require specific technical expertise
6. Time Limits: Include specific time frames for various stages of the arbitration process when expedited resolution is important
1. Schedule A - Arbitration Rules: Complete copy of the chosen arbitration rules, if incorporating specific institutional rules
2. Schedule B - Fee Schedule: Detailed breakdown of administrative fees and arbitrator fees if following institutional arbitration
3. Schedule C - Model Notice of Arbitration: Template for initiating arbitration proceedings
4. Appendix 1 - Authorized Representatives: List of authorized representatives for each party who can act in relation to the arbitration
5. Appendix 2 - Special Procedures: Any specific procedures agreed by the parties for the conduct of the arbitration
Authors
Construction
Manufacturing
Real Estate
Financial Services
Technology
Retail
Healthcare
Energy
Transportation
Professional Services
International Trade
Telecommunications
Legal
Compliance
Risk Management
Commercial Operations
Business Development
Contract Administration
Corporate Affairs
Project Management
Operations
Executive Leadership
Chief Legal Officer
Legal Director
Contract Manager
Corporate Counsel
Commercial Director
Risk Manager
Compliance Officer
Business Development Manager
Project Manager
Operations Director
General Counsel
Legal Operations Manager
Chief Executive Officer
Chief Operating Officer
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