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Arbitration Agreement

This Arbitration Agreement template is designed for businesses to formally agree to resolve disputes outside of court through arbitration. It is suitable for use in various commercial contracts and standalone agreements.

Updated 15d ago
arbitrationdispute resolutionagreementcontractindemnitysouthern africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Arbitration Agreement

This Arbitration Agreement (the “Agreement”) is made and entered into this {{day}} day of {{month}}, {{year}}, by and between:

1. {{Party_A_Name}}, a company duly incorporated and existing under the laws of {{Jurisdiction}}, with its principal place of business at {{Party_A_Address}} (hereinafter referred to as “Party A”); and

2. {{Party_B_Name}}, a company duly incorporated and existing under the laws of {{Jurisdiction}}, with its principal place of business at {{Party_B_Address}} (hereinafter referred to as “Party B”).

Party A and Party B are hereinafter collectively referred to as the “Parties” and individually as a “Party”.

Recitals

WHEREAS, the Parties have entered into a business relationship concerning {{Nature_of_Business_Relationship}} (the “Primary Agreement”); and

WHEREAS, the Parties desire to establish a mechanism for the expeditious and amicable resolution of any disputes, controversies, or claims arising out of or in connection with the Primary Agreement, or the breach, termination, or invalidity thereof, through arbitration.

Agreement to Arbitrate

All disputes, controversies, or claims arising out of or in connection with the Primary Agreement, including its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of {{Arbitration_Institution_Name}} (e.g., the Arbitration Foundation of Southern Africa (AFSA)) for the time being in force, which rules are deemed to be incorporated by reference into this clause.

Arbitration Proceedings

1. The number of arbitrators shall be {{Number_of_Arbitrators}} (e.g., one or three).

2. The seat, or legal place, of arbitration shall be {{City}}, {{Country}}.

3. The language to be used in the arbitral proceedings shall be English.

4. The substantive law of the contract shall be the law of {{Applicable_Law_Jurisdiction}}.

5. The award rendered by the arbitrator(s) shall be final and binding upon both Parties, and judgment upon the award may be entered in any court having jurisdiction thereof.

Confidentiality

The Parties agree that the arbitration proceedings and all information, evidence, oral statements, and documents relating thereto shall be treated as strictly confidential. Neither Party shall disclose such information to any third party without the prior written consent of the other Party, except as required by law or to enforce the arbitration award.

Costs

The costs of the arbitration proceedings, including the fees and expenses of the arbitrator(s) and the administrative fees of the arbitration institution, shall be borne by the Parties as determined by the arbitrator(s) in their award, or as otherwise mutually agreed upon in writing by the Parties.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of {{Governing_Law_Jurisdiction}}.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Signature Block

IN WITNESS WHEREOF, the Parties have executed this Arbitration Agreement on the date first above written.

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For and on behalf of Party A:

Name: {{Party_A_Signatory_Name}}

Title: {{Party_A_Signatory_Title}}

Date: {{Signature_Date_A}}

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For and on behalf of Party B:

Name: {{Party_B_Signatory_Name}}

Title: {{Party_B_Signatory_Title}}

Date: {{Signature_Date_B}}

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