A sample Agreement on dispute settlement through mediation
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please call; +7 (700) 978-57-55
agreement
on the settlement of a dispute (conflict) through mediation
city of Almaty "__" _______ 2019 G. ____________,
represented by a representative under a power of attorney – the General Director of the LLP "Law Company Law and Law" Kayshybekov Madiyar Yerbolatuly, hereinafter referred to as "Party 1", on the one hand, and, ____________, hereinafter referred to as "Party 2", and ____________, represented by a representative by proxy - ____________ hereinafter referred to as "Party 3", on the other hand, collectively referred to as "the Parties", taking into account:
The agreement on the settlement of the dispute through mediation means that a civil case is pending in the Almaly District Court No. 2 in Almaty. ____________ to ____________ and ____________ on the obligation to perform certain actions; on a voluntary basis and without any coercion from the outside, guided by Articles 174, 179, 180 of the CPC RK, with the participation of a mediator judge ____________, we have concluded this Agreement among ourselves on the settlement of the dispute (conflict) in mediation under the following conditions:
1. This Agreement is subject to execution on the basis of the principles of voluntariness and good faith of the Parties.
2. This Agreement is confidential and is not subject to disclosure except in cases stipulated by the legislation of the Republic of Kazakhstan.
3. The Parties undertake to join the LLP ____________ BIN ____________, Certificate of state registration of a legal entity – ____________ dated February 08, 20__, the number of the certificate of state registration: ____________, series – B (hereinafter referred to as the Partnership).
4. The Parties undertake to sign the Founding Agreement, the Charter and the Minutes of the General Meeting of the Partnership within ten working days from the date of entry into force of the Ruling of the Almaly District District Court of Almaty on the approval of this Agreement. 5. To perform the actions provided for in paragraph 4 of this Agreement,
The parties undertake to contact the notary of the city of Almaty.
The notary's details, location, date and time of the actions will be agreed upon by the Parties by sending letters to the email address specified in the details of this Agreement.
6. The Parties agreed to appoint the General Director of the Partnership, with the right of first signature in all banking, financial and other documentation, gr. ____________, IIN ____________.
A sample Agreement on dispute settlement through mediation
7. The parties agreed to appoint the Financial director of the Partnership, with the right to sign in all banking documents, gr. ____________ IIN ____________.
8.The Parties agreed to include the following points in the Charter of the Partnership: All banking operations of the Partnership are carried out by a collective decision of the General Director and the Financial Director. The General Director may not conduct banking operations of the Partnership without the consent of the Financial Director, and the Financial Director may not conduct banking operations of the Partnership without the consent of the General Director.
9. Party 1, after the fulfillment by Party 2 and Party 3 of the terms of this Agreement, completely waives its claims in this dispute.
10. Court costs, including the costs of paying for the services of a representative, as well as any other costs incurred by the Parties directly and (or) indirectly related to the case of the said claim, are not reimbursed by the Parties to each other and fall solely on the Party that incurred them.
11. Court costs in the form of the paid state fee are returned to Party 1 in accordance with clause 4, Part 5, Article 177 of the CPC RK.
12. In case of non-fulfillment or improper fulfillment by one of the parties of any of the terms of this Agreement, the other party has the right, in accordance with the procedure established by law, to apply to the Court with a request to issue a writ of execution for the enforcement of this Agreement in full.
13. Party 2 and Party 3 undertake, in case of non-fulfillment or improper fulfillment of any of the terms of this Agreement, to pay Party 1 a monetary amount in the amount of 647,375 (six hundred forty-seven thousand three hundred seventy-five) tenge.
14. Party 1 undertakes, in case of non-fulfillment or improper fulfillment of any of the terms of this Agreement, to compensate Party 2 and Party 3 for losses caused by non-fulfillment or improper fulfillment of the terms.
15. The legal consequences of concluding this Agreement have been explained to the parties.
16. This Agreement comes into force from the moment of its signing by all the Parties.
17. This Agreement shall expire after the Parties have fulfilled all their obligations, after which the Parties will not have any claims against each other in this dispute.
This agreement is drawn up in four copies having equal legal force, one copy each for the Parties to the agreement, one copy is submitted to the Court for attachment to the case file. Details and signatures of the parties:
Side 1 of the IIN ____________ Address: ____________
Side 2 of the IIN ____________ Address: ____________
Side 3 of the IIN ____________ Address: ____________
Proxy representative: Law and Law Law Company LLP represented by CEO Kayshybekov Madiyar Yerbolatuly BIN 190240029071 Almaty, 79/71 Abylai Khan Ave., office 304 info@zakonpravo.kz +7 700 978 5755
FULL NAME_________________ Signature:______________
FULL NAME_________________ Signature:______________
FULL NAME_________________ Signature:______________
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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