ARBITRATION; APPLICABLE LAW. 17.1 Any dispute between the Global Fund and the CCM Funding Recipient arising out of or relating to this Agreement that is not settled amicably shall be submitted to arbitration at the request of either Party. The arbitration shall be conducted in accordance with UNCITRAL Arbitration Rules as at present in force. The Global Fund and the CCM Funding Recipient agree to be bound by the arbitration award rendered in accordance with such arbitration, as the final adjudication of any such dispute, controversy, or claim.
17.2 For any dispute for which the amount at issue is 100,000 United States dollars or less, there shall be one arbitrator.
17.3 For any dispute for which the amount at issue is greater than 100,000 United States dollars, there shall be three arbitrators appointed as follows: The Global Fund and the CCM Funding Recipient shall each appoint one arbitrator, and the two arbitrators so appointed shall jointly appoint a third who shall be the chairperson.
17.4 This Agreement shall be governed by the principles of international commercial law, as codified in the UNIDROIT Principles of International Commercial Contracts (2010).
ARBITRATION; APPLICABLE LAW. Other than as specifically provided in Section 15 below, the parties agree that any dispute between them shall be settled by arbitration by the NASD in accordance with NASD Code of Arbitration Procedure. Any such arbitration hearing shall be held in Atlanta, Georgia, with the parties hereto splitting evenly all forum fees associated with such arbitration. This Agreement has been negotiated, drafted, and executed in the State of Georgia, and will be performed within the State of Georgia. Accordingly, this Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict of law principles.
ARBITRATION; APPLICABLE LAW. 9.1 If any claim, difference or dispute (each, a “Dispute”) arises out of or in connection with this Agreement and its implementation, including any question regarding its existence, validity, termination or its performance, or in connection with arrangements regarding the performance of this Agreement, the parties affected shall attempt to settle such dispute amicably.
ARBITRATION; APPLICABLE LAW. All disputes that may arise, including, but not limited to, disputes arising under Article 7.1, in connection with this agreement and that are not resolved by the parties themselves shall be submitted to binding arbitration under the commercial rules and regulations then obtaining of the American Arbitration Association relating to voluntary arbitrations. All costs of arbitration shall be divided equally between the parties. The award shall be binding and conclusive on each of the parties, and it may be enforced by the party in whose favor it runs in any court of competent jurisdiction at the option of the successful party.
ARBITRATION; APPLICABLE LAW. 10.7.1 Subject to and except as stated in Section 10.7.2 below, any controversy or claim arising out of or relating to this Agreement, or any breach hereof, shall be settled by binding arbitration in Portland, Oregon. Within 10 days of a written request for arbitration by any party, the parties shall select one qualified, neutral arbitrator. If the parties are unable to agree on an arbitrator, any party may petition the Multnomah County Circuit Court for the appointment of an arbitrator. The arbitrator shall determine the procedural and evidentiary rules governing the arbitration, shall schedule a hearing no later than three months following the appointment of the arbitrator, and shall render an award no later than 30 days following completion of the hearing. The award shall be final and binding upon the parties, and may be confirmed by a petition to the Multnomah County Circuit Court in accordance with applicable Oregon law. Judgment upon the award rendered by the arbitrator shall be final and binding on the parties, not subject to any appeal and may be entered in any court having jurisdiction thereof. The laws of the State of Oregon (without regard to choice of law rules) shall govern any controversy or claim arising out of or relating to this Agreement. The arbitrator shall decide on the matter of costs of the arbitration and may award reasonable attorneys' fees and costs.
10.7.2 Notwithstanding the above, any party may bring court proceedings or assert claims against another party in court proceedings solely to obtain an injunction or other equitable relief (but not damages) in order to protect or enforce any rights or duties arising from this Agreement. Each party irrevocably submits to the exclusive jurisdiction of Multnomah County Circuit Court or the United States District Court in Portland, Oregon, over any such proceeding and confirms that such court shall have personal jurisdiction over such party. Each party irrevocably waives any right to assert, as a defense or otherwise, any claim that it is not subject to the jurisdiction or the venue of any such court. The parties agree that such courts offer convenient forums and proper venues for any such suit.
ARBITRATION; APPLICABLE LAW. 11.1 All disputes arising out of or in connection with this Agreement shall be exclusively and finally settled by arbitration. The arbitration shall be governed by the rules of arbitration of the Geneva International Chamber of Commerce.
11.2 Arbitration shall take place in Geneva, Switzerland. Proceedings shall be held in the English language unless the Parties agree to another language.
11.3 The arbitration shall decide on the basis of this Agreement. In any matters not regulated by the Agreement this Agreement shall be subject to Swiss law. Neither Party shall be authorized to file with the arbitrator or the arbitration centre, documents that will show the specification of the LI Solution except if absolutely necessary to the nature of the arbitration. In such a case, the documents shall be provided to the arbitrator only and under concealment.
11.4 All initial costs related to arbitration procedures will be borne by the each Party. Arbitrator shall determine in final award the costs allocation to be supported by the parties.
ARBITRATION; APPLICABLE LAW. 19.1 The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Where one party does not want to negotiate or dispute was not settled within 30 days through negotiation, one party file for arbitration to Korean Commercial Arbitration Board located in Seoul, Korea and undertakes arbitration under the rule of arbitration authority. Arbitration award is final and legally binding to parties of the dispute.
19.2 Signing, issuing, effectuation, implementation, modification, validity, cessation, and interpretation of this agreement shall be governed and construed in accordance with the Korean Law. Customary international law is applied where there is no governing regulation in the Korean Law
ARBITRATION; APPLICABLE LAW. 21.1 Any dispute arising out of or in connection with the present contract shall be finally settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules.
21.2 This contract is governed by the laws of Sweden.
21.3 In any event, consideration shall be given to mandatory provisions of the law of the country where the Distributor is established which should be applicable even if the contract is governed by a foreign law. Any such provisions will be taken into account to the extent they embody principles which are universally recognized and provided their application appears reasonable in the context of international trade.
ARBITRATION; APPLICABLE LAW. 22.1 Any dispute arising out of or in connection with the present contract shall be finally settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules.
22.2 Any questions relating to this contact which are not expressly or implicitly settled by the provisions contained in this contract shall be governed by the principles of law generally recognized in international distribution contracts, with the exclusion - subject to Article 22.3 hereunder - of national laws.
22.3 In any event, consideration shall be given to mandatory provisions of the law of the country where the Distnbutor is established which would be applicable even if the contract is governed by a foreign law. Any such provisions will be taken into account to the extent they embody principles which are universally recognized and provided their application appears reasonable in the context of international trade.
ARBITRATION; APPLICABLE LAW. 8.1 Any dispute arising out of or in connection with the present contract shall be finally settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of commerce by one or more arbitrators designated in accordance to said Rules.
8.2 The arbitrators shall apply the provisions contained in this contract and the principles of law generally recognized in international trade as applicable to international distribution contracts. By: /s/ Xxxxxxx X Xxxxxxx Date: 10-5-96 ------------------------------- REMDENT USA INC. By: /s/ Xxxx Xxxxx Xxxxxxxx Date: 10/7/96 -------------------------------- Xxxx Xxxxx Xxxxxxxx EXHIBIT II QUANTITY OF BRUSHES AT COST FOR PROMOTION ----------------------------------------- The following quantity of brushes shall be provided to REM for giving away to dental professional in a massive promotional effort. YEAR QUANTITY ---- -------- 1st 150,000 2nd 200,000 3rd 250,000 4th 200,000 5th 150,000 Each Year Thereafter 100,000 EXHIBIT III PRODUCTION QUOTA
