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GUIDELINE

Guideline for Drafting an Agreement for Reference to Arbitration Between Partners:

Usage:
An Agreement for Reference to Arbitration Between Partners is used in partnerships to establish a framework for resolving disputes amicably through arbitration rather than resorting to lengthy and costly litigation. It is typically employed in various partnership types, including business partnerships, professional partnerships, and joint ventures. Here's a concise guideline:

Identification of Parties: Begin by clearly identifying the partners involved in the partnership agreement, providing their names, roles, and contact information.

Arbitration Clause Inclusion: Integrate a robust arbitration clause that specifies the choice of arbitration as the dispute resolution mechanism, the chosen arbitration rules or institution, and the seat or location of arbitration proceedings.

Arbitrator Appointment: Clarify the process for appointing arbitrators, ensuring they are impartial, qualified, and acceptable to all parties.

Rules and Procedures: Define the rules, procedures, and timelines that will govern the arbitration process, addressing issues like evidence submission and award enforcement.

Governing Law: Specify the governing law for the partnership agreement and arbitration proceedings to avoid jurisdictional conflicts.

Common Mistakes to Avoid:

Vague Arbitration Clause: Ensure the arbitration clause is clear, unambiguous, and comprehensive to prevent disputes over its interpretation.
Omitting Key Details: Include all necessary details regarding arbitrator selection, rules, and procedures.
Ignoring Legal Advice: Consult with legal experts experienced in arbitration to ensure the agreement aligns with applicable laws and regulations.
Failure to Review Periodically: Partners should periodically review and update the arbitration agreement to reflect changes in the partnership and dispute resolution preferences.
Excluding Dispute Types: Make sure the arbitration agreement covers all types of disputes that may arise within the partnership.
Draft this agreement collaboratively among the partners, and seek legal counsel to ensure it meets legal standards, aligns with the partnership's specific needs, and provides a reliable framework for dispute resolution.

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