ARBITRATION AND JUDICIAL PROCEEDINGS Clause Samples
ARBITRATION AND JUDICIAL PROCEEDINGS. Any controversy or claim arising out of or relating to this Agreement, or breach of this Agreement (except any controversy or claim with respect to Article IV), is to be settled by arbitration in Denver, Colorado in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. Notwithstanding anything in this Agreement to the contrary, if any controversy or claim arises between the parties under Article IV of this Agreement, the Company will not be required to arbitrate that controversy or claim but the Company will have the right to institute judicial proceeding in any court of competent jurisdiction with respect to such controversy or claim. The parties agree and acknowledge that in any such judicial proceedings, the Denver District Court or the United States District Court for the District of Colorado shall have proper personal jurisdiction over the parties and that venue in Denver, Colorado shall be proper. If such judicial proceedings are instituted, the parties agree that such proceedings will not be stayed or delayed pending the outcome of any arbitration proceeding under this Agreement.
ARBITRATION AND JUDICIAL PROCEEDINGS. Where a participating Party considers it advisable, that Party may, upon notice to the other participating Parties, terminate proceedings under paragraphs 7 to 9 and initiate arbitration or judicial proceedings.
ARBITRATION AND JUDICIAL PROCEEDINGS. (a) All disputes arising out of or in connection with this Indenture, the Securities or the Parent Guarantee (each such dispute, a “Dispute”) shall be referred to and finally settled by arbitration under the Rules of Arbitration (the “ICC Rules”) of the International Chamber of Commerce (“ICC”), which Rules are deemed to be incorporated by reference into this clause. The language of the arbitration shall be English. The parties hereby expressly agree that any dispute which arises out of or in connection with this Indenture, the Securities or the Parent Guarantee will necessarily require resolution as a matter of exceptional urgency. The arbitration proceedings shall be conducted in New York, by a tribunal of three arbitrators and New York shall be the seat of the arbitration. Each party is to appoint one arbitrator. The chairman shall be an arbitrator selected by agreement of the two party appointed arbitrators. If the two party appointed arbitrators are unable to agree upon a chairman, the chairman shall be appointed by the Court of Arbitration of the ICC in accordance with Article 9 of the ICC Rules. The arbitration tribunal shall determine any Dispute in accordance with the laws of the State of New York. The parties to this Indenture agree that any decision of the arbitration tribunal shall be conclusive, binding and enforceable in any court of competent jurisdiction.
(b) The parties to this Indenture hereby waive any right to refer any such Dispute to any other forum or tribunal, with the exception of the jurisdiction of a competent court in New York to grant equitable relief necessary to preserve any party’s rights and remedies under this Indenture, the Securities or the Parent Guarantee, as the case may be, until such time as an arbitral tribunal has been selected and arbitration proceedings before such tribunal can commence. No court other than a court of competent jurisdiction in New York shall have jurisdiction to hear any Dispute among any of the parties to this Indenture. The arbitral tribunal shall be entitled to grant injunctive or other equitable relief to prevent breaches of this Indenture, the Securities or the Parent Guarantee or to enforce specifically the performance or the terms and provisions hereof or thereof, as the case may be. To the fullest extent it may effectively do so under applicable law, each party hereto irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subjec...