Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to (1) this Agreement, (2) the breach, termination or invalidity hereof or (3) any non-contractual obligations arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx 0000 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the courts of England. The arbitral tribunal shall not be authorised to grant, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures or pre-award relief against EBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of EBRD as to any amount due to EBRD under any Financing Agreement shall be prima facie evidence of such amount.
(b) Notwithstanding Section 8.09(a), this Agreement and the other Financing Agreements, and any rights of EBRD arising out of or relating to this Agreement or any other Financing Agreement, may, at the option of EBRD, be enforced by EBRD in the courts of England and Wales or in any other courts having jurisdiction. For the benefit of EBRD, the Borrower hereby irrevocably submits to the non-exclusive jurisdiction of the courts of England with respect to any dispute, controversy or claim arising out of or relating to this Agreement or any other Financing Agreement, or the breach, termination or invalidity hereof or thereof. The Borrower hereby irrevocably designates, appoints and empowers Trident Company Services (UK) Limited at its registered office (being, on the date hereof, at 0 Xxxxxxx Xxxxxx, Xxxxxx X0X 0XX, Xxxxxxx) to act as its authorised agent to receive service of process and any other legal summons in E...
Arbitration and Jurisdiction. (A) All claims, disputes and matters of conflict between the Parties arising hereunder shall be referred to or submitted for arbitration in London in accordance with English Law before a sole arbitrator to be agreed between the Parties or in default of agreement by an arbitrator to be nominated by the Chairman of The Stock Exchange on the application of either Party, and this Agreement shall be deemed for this purpose to be a submission to arbitration within the Arbitration Acts 1950 and 1979, or any statutory modification or re-enactment thereof for the time being in force.
(B) This Clause shall take effect notwithstanding the frustration or other termination of this Agreement.
(C) No action shall be brought upon any issue between the Parties under or in connection with this Agreement until the same has been submitted to arbitration pursuant hereto and an award made.
Arbitration and Jurisdiction. (a) The parties hereto agree that any dispute, controversy or claim arising out of or relating to this Agreement, including any question regarding its existence or the breach, termination or invalidity thereof shall be finally settled by arbitration under the auspices of and pursuant to the Rules of Arbitration of the International Chamber of Commerce (“ICC”) in effect at the time of execution of this Agreement. The language of the arbitration proceedings shall be English, and the seat of the arbitration shall be New York, New York. The arbitration proceedings shall be conducted by three arbitrators appointed in accordance with the Rules of Arbitration of the ICC. Notwithstanding the foregoing, neither party shall be precluded at any time from seeking equitable relief in any forum of competent jurisdiction, and such action shall not be incompatible with the agreement to arbitrate contained herein or the availability of interim measures of protection under the ICC Rules of Arbitration. Any award rendered by an arbitral tribunal shall be reasoned and in writing, final, and may be entered and enforced in any court of competent jurisdiction. All matters and information relating to the arbitration proceedings, including the existence thereof, shall be deemed confidential. Confidentiality shall survive the termination of the arbitral proceedings. The parties shall, during the course of such arbitration, share the costs of such arbitration as assessed by the ICC. A final award issued by the arbitral tribunal may allocate the costs of the arbitration proceedings, including administration fees, fees of the arbitrators, and the parties’ attorneys’ fees and expenses among the parties as the tribunal deems appropriate. During the period when the dispute is being resolved, except for the matters being disputed, the parties shall in all other respects continue to perform their obligations hereunder.
(b) Notwithstanding anything in this Agreement to the contrary, each of the parties further acknowledges and agrees that (i) the Financing Sources (including the Lenders) shall not be subject to clause (a) above and (ii) it will not bring or support any Action, claim, cross-claim or third-party claim of any kind or description, whether in law or in equity, whether in contract or in tort or otherwise, against the Financing Sources (including the Lenders) in any way relating to this Agreement or any of the transactions contemplated by this Agreement, including but not limited ...
Arbitration and Jurisdiction. The Parties expressly agree to submit any controversy to binding arbitration with the American Arbitration Association. Any controversy or claim between the Parties arising out of or relating to this Agreement or Reseller’s involvement in the Abenity Program, including but not limited to the use of the Abenity site or apps, shall be submitted to binding arbitration with the American Arbitration Association. The parties expressly agree that this arbitration provision and the terms and conditions set forth herein are to be governed by the Federal Arbitration Act (“FAA”).
Arbitration and Jurisdiction. All disputes over the meaning and interpretation of this Agreement shall be resolved by conciliation and mediation and if mediation is unsuccessful then disputes shall be finally settled by an Arbitrator selected by FOUNDATION and LICENSEE. If FOUNDATION and LICENSEE cannot agree on an Arbitrator, then disputes shall be resolved by an Arbitration Panel comprising one arbitrator appointed by FOUNDATION, one arbitrator appointed by LICENSEE, and a Chairman of the Arbitration Panel appointed by the first two arbitrators. Any such arbitration proceeding shall be conducted in accordance with generally accepted arbitration rules; shall be held in the State of New York, unless otherwise agreed by the parties; and judgment upon the arbitration award may be entered in any court having jurisdiction. In order to initiate procedures for dispute resolution by conciliation, mediation and arbitration either party may give written notice to the other of intention to resolve a dispute, and absent satisfactory resolution, then to arbitrate. Such notice shall contain a statement setting forth the nature of the dispute and the resolution sought. If, within thirty (30) days of such notice a resolution by conciliation between the parties themselves or by mediation has not been achieved to the satisfaction of both parties, and if within sixty (60) days from said written notice an Arbitrator or Arbitration Panel has not been appointed with an arbitration schedule satisfactory to both parties, then either party may proceed with judicial remedies. The FOUNDATION reserves the right and power to proceed with direct judicial remedies against LICENSEE without conciliation, mediation or arbitration for breach of the royalty payment and sales reporting provisions of this Agreement after giving written notice of such breach to LICENSEE followed by an opportunity period of thirty (30) days in which to cure such breach. In collecting overdue royalty payments and securing compliance with reporting obligations, FOUNDATION may use all judicial remedies available. [*] DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION.
Arbitration and Jurisdiction. If the Commissioner fails to give notice of the decision as aforesaid within a period of 90 days after being requested as aforesaid or if the Contractor is dissatisfied with any such decision, then the Contractor may within 90 days after receiving notice of such decision or within 90 days after the expiration of the first named period of 90 days (as the case may be) require that the matter or matters in dispute be referred to arbitration as hereinafter provide. i) In case of a contract where the contract price and / or contract value is less than Rs. 5,00,00,000/- (Rupees Five Crore Only), any dispute arising out of or in connection with this contract , including any question regarding its existence, validity or termination, shall be referred to a mutually agreed arbitral tribunal in accordance with the Arbitration and Conciliation Act, 1996 (amended upto date). The arbitral tribunal shall consist of a sole arbitrator, as mutually agreed upon by the parties and the said dispute shall be finally resolved by the said arbitral tribunal. The decision of the arbitral tribunal shall be in writing (with reasons) and which will be final and binding upon the parties hereto and the expenses of the arbitration shall be paid as may be determined by the arbitrail tribunal. The seat of the arbitration shall be Mumbai. The venue of arbitration shall be within the limits of Brihan Mumbai. The language of the Arbitration shall be English. If the parties fails to appoint mutually agreed arbitral tribunal, within the period of 30 days from the date of application seeking arbitration in the dispute, the arbitral tribunal shall be appointed by the recognised arbitral institution i.e. Mumbai Centre for International Arbitration (approved by Government of Maharashtra under G.R. no. ARB / Case No.1/2017/D-19 dtd.28.02.2017) as per the Arbitration Rules of the Mumbai Centre for International Arbitration then in force (“MCIA Rules”.) ii) In case of contract where the contact price and/ or contract value is Rs. 5, 00,00,000/- (Rupees Five Crore Only) or more, any dispute arising out of or in connection with such a contract, including any question regarding its existence, validity or termination, shall be directly referred to and finally resolved by the recognized arbitral institution i.e. Mumbai Centre for International Arbitration (approved. by Government of Maharashtra under G./R. no. ARB/ Case No.1/ 2017/ D-19 dtd. 28.02.2017) as per the Arbitration Rules of the Mumbai centre for...
Arbitration and Jurisdiction. 21.1 Any dispute between the parties in regard to any matter arising out of this agreement or its interpretation or their respective rights and obligations under this agreement, as well as any dispute which the employee may in terms of the Labour Relations Act, 1995, refer to the Commission for Conciliation, Mediation and Arbitration and/or the Labour Court for a determination, shall be submitted to and decided by arbitration in the event that such dispute has not been resolved by reference to the Compensation Committee and/or the Board.
21.2 The arbitrator shall be a practising Senior Counsel or practising attorney of the High Court of South Africa of not less than ten years’ standing who shall be agreed upon between the parties, or failing agreement, appointed by the then Chairperson of the Arbitration Foundation of Southern Africa, or failing him, the chairperson for the time being of the Johannesburg Bar Council.
21.3 The arbitrator shall be obliged to given the reasons for any decision made by him in the course of the arbitration.
21.4 Subject to the other provisions of this clause 21, each arbitration shall be held in accordance with the provisions of the Arbitration Act, 1965.
21.5 Nothing in this clause 21 shall preclude any party from seeking any interim relief from any competent court having jurisdiction pending the institution of any arbitration proceedings in terms of this clause 21. To that end, the parties submit themselves to the non-exclusive jurisdiction of the High Court of South Africa (Witwatersrand Local Division) and the Labour Court insofar as the latter court has jurisdiction in terms of section 157 of the Labour Relations Act, 1995.
21.6 The Arbitrator shall make an appropriate award as to costs, provided that the Board may authorise that the Director’s costs may in whole or in part, be borne by the Company.
Arbitration and Jurisdiction. 11.1. The construction, validity and performance of the Contract (including any dispute over non payment or refusal to pay) shall be governed by the law of England and all disputes which may arise under, out of, or in connection with or in relation to the Contract shall be submitted to the arbitration of the London Arbitration Centre Limited under and in accordance with its rules at the date hereof. London Arbitration Centre Limited London Chancery Lane 1st Floor Holborn Gate 000 Xxxx Xxxxxxx Xxxxxx WC1V 7QT
11.2. The Parties agree that service of any notices in the course of such arbitration at the addresses for service mentioned in clause 12.5 herein shall be valid and sufficient.
Arbitration and Jurisdiction. 15.1 At the request of either party, any controversy, claim, or dispute arising out of or relating to any provision of this Agreement shall be settled by arbitration to be conducted in Seattle, Washington. Such arbitration shall be in accordance with the rules applied by the American Arbitration Association. Judgment upon any award rendered through arbitration may be entered into any court of competent jurisdiction.
15.2 Ostex and University agree to submit to jurisdiction in Seattle, Washington.
Arbitration and Jurisdiction. Al differences and disputes between the Parties arising from this Agreement which cannot be settles by mutual agreement shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC). The arbitration proceeding shall take place at Miami, Florida and the language of the arbitration proceeding, the award and all documents filed or submitted in connection therewith shall be in English.
