APPLICABLE LAW, LITIGATION AND ARBITRATION Clause Samples
The "Applicable Law, Litigation and Arbitration" clause defines which jurisdiction's laws will govern the contract and outlines the procedures for resolving disputes between the parties. Typically, this clause specifies the country or state whose legal system will apply, and may require that disagreements be settled through litigation in designated courts or through arbitration, sometimes detailing the arbitration rules or forum. Its core function is to provide certainty and predictability regarding legal rights and dispute resolution, thereby minimizing confusion and potential conflicts over where and how disputes should be handled.
APPLICABLE LAW, LITIGATION AND ARBITRATION. (a) Except as otherwise expressly provided in this Clause 31, the existence, validity, interpretation and enforcement of this Agreement, and any controversy, claim or dispute hereunder, whether in contract, tort, equity or otherwise, shall be governed by, construed and enforced in accordance with the Laws of the State of New York, without giving effect to its conflict of laws principles, and the federal Laws of the United States applicable therein. The United Nations convention on contracts for the international sale of goods (1980) shall not apply.
(b) The Parties shall attempt in good faith and within 10 days following receipt from either Party of a written notice of any cause of action, controversy, claim, counterclaim, demand, dispute or other matter in question arising out of or in connection with this Agreement, or the alleged breach thereof, or in any way relating to the subject matter of this Agreement or the relationship between the Parties created by this Agreement, including any question regarding the existence, validity, or termination of this Agreement (each, a “Dispute”), to resolve by mutual agreement such Dispute by direct dialogue between senior management of both Parties during which period the applicable statute of limitations shall be tolled, regardless of whether some or all of such Disputes allegedly (i) are extra-contractual in nature, (ii) sound in contract, tort, or otherwise, (iii) are provided by statute, common law or otherwise, or (iv) seek damages or any other relief, whether at law, in equity or otherwise. If a resolution is not achieved within 30 days from the initiation of such discussions, the matter shall be settled as provided in this Clause 31.
(c) Except as provided for in subclauses (d), (e) and (f) below, each Party irrevocably: (i) submits to the exclusive jurisdiction of the US Federal District Court for the Southern District of New York located in the Borough of Manhattan or, if such court declines to exercise or does not have jurisdiction, in any New York state court in the Borough of Manhattan or any other Federal court in the State of New York, and to service of process as provided by New York Law, and (ii) waives any objection which it may have at any time to the laying of venue of any proceedings brought in any such court, waives any claim that such proceedings have been brought in an inconvenient forum and further waives the right to object, with respect to such proceedings, that such court does not have jur...
APPLICABLE LAW, LITIGATION AND ARBITRATION. 21.1 The Agreement shall be governed and construed in accordance with New York State, USA laws.
21.2 Each of the Parties have full corporate legal authority to execute this Agreement and accordingly be fully bound to the terms and conditions herein. INCOTERMS 2000 rules that the Contracts (Electronic Document Transmission) is legally binding.
21.3 The terms shall apply and be deemed to be valid and enforceable by either Party and each Party shall be in a position to request a hard copy of the Agreement or any previous electronically transmitted copy.
21.4 If any dispute or controversy arise in connection with or as a result of provision or provisions of this Sales and Purchase Agreement (SPA), which are not settled amicably within the parties, it shall be resolved by the Rules of Conciliation and Arbitration of the International Chamber of Commerce ICC in New York, New York USA.
21.5 The proceeding shall be conducted by one (1) arbitrator in accordance with the rules for Arbitration of the International Chamber of Commerce ICC. The arbitration proceedings shall be conducted in the English language.
21.6 Any arbitral award shall be enforceable in accordance with the rules of the New York convention of 1958 on the recognition and enforcement of foreign arbitral awards. Judgment upon the awards rendered may be made to the said courts or other authority for a judicial acceptance to the award and an order of enforcement as the case may be.
21.7 After the court has rendered a verdict, this Agreement can be terminated and the prevailing party will be compensated for costs and damages.
APPLICABLE LAW, LITIGATION AND ARBITRATION a) Except as provided in this Clause, the existence, validity, interpretation and enforcement of the Agreement, and any controversy, claim or dispute there under, whether in contract, tort, equity or otherwise, shall be governed by, construed and enforced in accordance with the laws of the State of New York (without reference to its choice of law doctrine). The United Nations convention on contracts for the international sale of goods (1980) shall not apply.
b) The Parties shall make every attempt in good faith and within ten (10) Days following receipt from either Party of a written notice of such controversy, claim or dispute, to resolve by mutual agreement such controversy, claim or dispute by direct dialogue between senior management of both Parties. If a resolution is not achieved within thirty (30) Days from the initiation of such discussions, the matter shall be settled as provided in this Clause.
c) Except as provided for in Paragraphs (d), (e) and (f) below, each Party irrevocably: (i) submits to the exclusive jurisdiction of the United States Federal District Court for the Southern District of New York located in the Borough of Manhattan or, if such court declines to exercise or does not have jurisdiction, in any New York state court in the Borough of Manhattan, and to service of process as provided by New York law, and (ii) waives any objection which it may have at any time to the laying of venue of any proceedings brought in any such court, waives any claim that such proceedings have been brought in an inconvenient forum and further waives the right to object, with respect to such proceedings, that such court does not have jurisdiction over such Party. Further, each Party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any proceedings relating to this Agreement. Nothing in the Agreement precludes either Party from bringing proceedings in any other jurisdiction in order to enforce any judgment obtained in any proceedings referred to in this Paragraph, nor will the bringing of such enforcement proceedings in any one or more jurisdictions preclude the bringing of enforcement proceedings in any other jurisdiction.
d) Any controversy, claim or dispute (other than such as described in Paragraphs (e) and (f) below) that may arise in connection with or as a result of this Agreement, where the amount in dispute does not exceed the sum of USD two hundred and fifty thousand ($250,000.00), a...
APPLICABLE LAW, LITIGATION AND ARBITRATION. The agreement shall be governed and construed in accordance with NEWYORK, USA laws. Each of the parties here has full corporate legal authority to execute this Contract and accordingly be fully bound to the terms and conditions therein. INCOTERMS 2000 rules that the Contracts (Electronic Document Transmission) is legally binding. The Terms shall apply and be deemed to be valid and enforceable by either -----party and each party shall be in a position to request a hard copy of the Contract or any previous electronically transmitted copy. Any dispute or controversy that may arise in connection with or as a result of provision or provisions of this Sales / purchase Agreement, which are not settled amicably Within the parties, shall then be resolved by the rules of Conciliation and Arbitration of the International Chamber of Commerce in New York, USA. The proceeding shall be conducted by one (1) arbitrator in accordance with the rules for Arbitration of the International Chamber of Commerce ICC. The arbitration proceeding shall be conducted in the English language. Any arbitral award shall be enforceable in accordance with the rules of the New York convention of 1958 on the recognition and enforcement of foreign arbitral awards. Judgment upon the awards rendered may be made to the said courts or other authority for a judicial acceptance to the award and an order of enforcement as the case may be. After the court has rendered a verdict, this Contract can be terminated and the prevailing party will be compensated for costs and damages.
APPLICABLE LAW, LITIGATION AND ARBITRATION. Any dispute arising during the execution of this contract shall be settled amicably. If parties fail to do so, they shall accept as final the decisions of the court of arbitration of the International Chamber of Commerce, Swiss Law to apply. Expedite procedure format and all proceedings are to be continued in English and shall be settled by arbitration in accordance with the laws of The United States as the case maybe.
APPLICABLE LAW, LITIGATION AND ARBITRATION. 17.1. The present Contract is a purely commercial deal concluded in accordance with international rules related to preparations, interpretation, execution of legality and any other issues regarding performance of the present contract including customary norms of honesty, confidentiality adopted by the International Chamber of Commerce (ICC), as well as temporary suspension of deliveries due to force–majeure circumstances. Should the Parties fail to reach an agreement as regards any aspect of performance of the present contract; the Parties agree to submit the matter to International Chamber of Commerce of London.
17.2. This agreement shall be governed and construed in accordance with Law of England.
17.3. Each of the Parties here has full corporate legal authority to execute this Contract and accordingly be fully bounded to the terms and conditions therein. INCOTERMS 2010 rules that the Contracts (Electronic Document Transmission) is legally binding.
17.4. The Terms shall apply and be deemed to be valid and enforceable by either party and each Party shall be in a position to request a hard copy of the Contract or any previous electronically transmitted copy.
17.5. If any dispute or controversy that may arise in connection with or as a result of provision or provisions of this sales and purchase agreement, which are not settled amicably within the parties, it shall then have resolved by the rules of conciliation and arbitration of the International Chamber Of Commerce In The Rules Of The DIFC–LCIA Arbitration.
17.6. The proceeding shall be conducted arbitrator in accordance with the rules for Arbitration of the International Chamber of Commerce (ICC). The arbitration proceeding shall be conducted in the English language.
17.7. Any arbitral award shall be enforceable in accordance with the rules of the DIFC–LCIA Arbitration Center recognition and enforcement of foreign arbitral awards.
17.8. Judgment upon the awards rendered may be made to the said courts or other authority for a judicial acceptance to the award and an order of enforcement as the case may be.
17.9. After the court has rendered a verdict, this Contract can be terminated and the prevailing party will be compensated for costs and damages.