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Non Disclosure Agreement Arbitration Clause

Non Disclosure Agreement Arbitration Clause Template for United States

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Key Requirements PROMPT example:

Non Disclosure Agreement Arbitration Clause

"Need a Non Disclosure Agreement Arbitration Clause for a software development partnership with a Silicon Valley company, ensuring all disputes are resolved through arbitration in California, with specific protections for our AI algorithms and source code."

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Document background

The Non-Disclosure Agreement Arbitration Clause is essential when parties wish to both protect confidential information and establish an efficient, private dispute reºìÐÓÖ±²¥ mechanism. This document combines standard NDA protections with specific arbitration provisions, ensuring disputes are resolved through arbitration rather than court litigation. Under U.S. jurisdiction, it provides comprehensive protection while maintaining confidentiality throughout any potential dispute reºìÐÓÖ±²¥ process. This agreement is particularly valuable for business relationships involving sensitive information exchange where parties prefer to avoid public court proceedings.

Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Confidentiality Obligations: Core confidentiality requirements and restrictions

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed

6. Arbitration Provisions: Details of the arbitration process, including jurisdiction, rules, and procedures

7. Term and Termination: Duration of the agreement and conditions for termination

8. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information at agreement termination

2. International Arbitration Provisions: Additional provisions for cross-border disputes and international arbitration rules

3. Specific Industry Requirements: Industry-specific confidentiality and regulatory compliance requirements

4. Remedies: Specific remedies available in case of breach, including injunctive relief

Suggested Schedules

1. Schedule A - Description of Confidential Information: Detailed list or categories of information protected under the agreement

2. Schedule B - Authorized Representatives: List of individuals authorized to access and handle confidential information

3. Schedule C - Arbitration Procedures: Detailed procedures and rules for conducting arbitration proceedings

4. Schedule D - Security Requirements: Specific security measures required for handling confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºìÐÓÖ±²¥ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses


























Industries

Federal Arbitration Act (FAA): Primary federal law governing arbitration agreements in the US that establishes validity and enforceability of arbitration agreements and preempts conflicting state laws

State Arbitration Laws: Individual state-specific arbitration statutes that must align with FAA but may provide additional procedural requirements

Defend Trade Secrets Act (DTSA): Federal law ensuring protection of trade secrets at the federal level and affecting remedies available in arbitration

Uniform Trade Secrets Act: State-level trade secret protections as adopted by various states with specific variations in implementation

Contract Law Principles: Fundamental contract formation requirements including consideration, mutual assent, and capacity to contract

Unconscionability Doctrine: Legal principle examining both procedural and substantive unconscionability to ensure fairness in arbitration provisions

Federal Court Precedents: Supreme Court and Circuit Court decisions and interpretations affecting arbitration agreement enforcement and scope

International Arbitration Framework: Including New York Convention, international arbitration rules, and cross-border enforcement considerations for international agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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