Arbitration Funding Agreement An Arbitration Funding Agreement provides funding for arbitration proceedings, specifying funding terms, repayment conditions, and allocation of arbitration costs.
1.1. Funding for Arbitration Proceedings
The purpose of this Agreement is to provide funding to the Recipient to cover the costs and fees involved in arbitration proceedings (the "Proceedings") between them and any opposing party. This Agreement is entered into for the sole purpose of providing financial support for the Proceedings and the Recipient agrees to use the funds only for this purpose.
2.1. Funding Amount
Subject to the terms and conditions outlined in this Agreement, the Funder agrees to provide the Recipient with financial support in the total amount of USD [Insert Amount] ("Funding"). The Funding will be provided in a lump sum and is inclusive of all legal fees, expert fees, and other costs associated with the Proceedings.
2.2. Disbursement
The Funder will disburse the Funding to the Recipient within [Insert Number] business days after the execution of this Agreement by both parties, provided that the Recipient has submitted to the Funder (1) confirmation of the Recipient's representation in the Proceedings, as evidenced by a written signed letter from the Recipient's legal counsel, and (2) a copy of the notice of arbitration served on the opposing party in the Proceedings, as applicable.
2.3. Reporting
The Recipient agrees to provide the Funder with quarterly written updates on the progress and status of the Proceedings and any material changes to their position. The Recipient will also promptly notify the Funder of any settlement or decision involving the Proceedings.
3.1. Recovery
If the Proceedings result in any monetary recovery, whether through an award, settlement, or otherwise (the "Recovery"), the Funder, subject to the terms and conditions of this Agreement, shall be entitled to receive, from such Recovery, a repayment amount equal to the total Funding provided (the "Repayment"). The Recipient agrees to pay the Repayment to the Funder on a priority basis and before any distributions are made to other stakeholders, including themselves.
3.2. No Recovery
In the event that there is no Recovery from the Proceedings, the Funder will not be entitled to any Repayment and will bear the risk of the Funding. The Recipient will not be responsible for returning any part of the Funding to the Funder.
4.1. Responsibility for Costs
Except as otherwise expressly provided in this Agreement, each party will be responsible for their own costs and expenses incurred in relation to the Proceedings and the performance of their respective obligations under this Agreement.
5.1. Recipient Representations
The Recipient represents to the Funder that they have the full power and authority to enter into this Agreement and to convey the rights and interests herein to the Funder; and that entering into this Agreement is not prohibited by, nor will it result in a breach or default under, any contracts or obligations to which the Recipient is a party or to which the Recipient or any of their properties are bound or subject to.
This Agreement shall be governed by, and construed in accordance with, the laws of the United States and the State of [Insert State]. Any dispute arising out of or related to this Agreement or the performance, breach, or interpretation thereof will be finally and exclusively resolved by arbitration in [Insert City], [Insert State], in accordance with the rules of the American Arbitration Association.
7.1. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof.
7.2. Amendments and Waivers
No modification, amendment, or waiver of any provisions of this Agreement will be effective unless in writing and signed by both parties.
In this Arbitration Funding Agreement, you will see the following sections:
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