Arbitration Court. The Arbitration Court (“Arbitration Court”) shall be composed of 03 (three) arbitrators, 01 (one) of them to be appointed by the claimant(s) and the other appointed by the respondent(s), pursuant to the Arbitration Regulation. The third arbitrator, who shall be the president of the Arbitration Court, shall be appointed by the 02 (two) arbitrators chosen by the parties to the arbitration, within 15 (fifteen) days of the appointment of the last arbitrator. If the parties to the arbitration do not appoint their respective arbitrators within the period stipulated by the Arbitration Chamber, or if the president of the Arbitration Court is not appointed by the co-arbitrators within a maximum period of 15 (fifteen) days from the appointment of the second arbitrator, the President of the Arbitration Chamber shall appoint the missing arbitrators pursuant to the Arbitration Regulation. In the event that there are multiple parties with different interests, which may not be combined as groups of claimants and/or respondents, the 03 (three) arbitrators shall be appointed by the President of the Arbitration Chamber, under the terms of the Arbitration Regulation.
(i) In addition to the restrictions established under the Arbitration Regulation and the Arbitration Law, no member of the Arbitration Court may be an employee, representative, consultant or service provider (or former employee, former representative, former consultant or former service provider) of a part to the arbitration or any of its Related Parties.
Arbitration Court. The Arbitration Court shall consist of three arbitrators. The chairman of the Arbitration Court must be qualified to hold the position of a judge. The asso- ciate arbitration judges must be real estate valuers certified by HypZert or committee members that are independent from the Certification Body. If a member of the Arbitration Court works as an employee of a credit institution, such shall not exclude her/him from being appointed as an arbitra- tion judge. In so far as the DIS Rules of Arbitration upon request provide for appointment of an arbitration judge including the chairman by the DIS Appointment Committee, the respective application shall be addressed – contrary to the provisions of the DIS Rules of Arbitration – to the President of the Chamber of Industry and Commerce at the domicile of the Certification Body, who shall then make the appointment.
Arbitration Court. 12.1 This Agreement shall be governed and construed according to the Laws of the Federative Republic of Brazil.
12.2 In the event of any controversy, dispute, issue or divergence of any sort (“Conflict”) in relation to this Agreement, the Parties shall employ best efforts to settle the Conflict. For such purposes, any of the Parties shall be allowed to notify the other Party about their intention to initiate the procedure set forth in this Clause and, as of said moment, the Parties shall meet to try and settle said Conflict by means of amicable discussions held in good faith (“Notice of Conflict”). Exception made to provision to the contrary set forth in this Agreement, in case the Parties fail to find a solution within sixty (60) days after the delivery of the Notice of Conflict sent by one of the Parties to the other, then the Conflict shall be settled by means of arbitration, according to the provisions below.
12.3 If, within sixty (60) days following the delivery of the Notice of Conflict, any of the Parties considers as remote the possibility of reaching an amicable solution, said Party shall be allowed to send to the other Party notice suspending the negotiations (“Negotiation Suspension Notice”). Twenty-four (24) hours following the delivery of the Negotiation Suspension Notice, any of the Parties may initiate the Arbitration Procedure and remaining procedures set forth in Paragraph 3 below.
12.4 The arbitration shall be conducted in the City of São Paulo, State of São Paulo, in the Portuguese language, before the Mediation and Arbitration Center of the Portuguese Chamber of Commerce in Brazil – São Paulo (“Chamber”), according to the Rules of the Chamber in force at the moment of the Arbitration, considering possible changes to said Rules made by mutual agreement of the Parties.
12.5 The Arbitration shall be conducted in Portuguese language, by one (01) arbitrator to be appointed by mutual agreement of the Parties, within twenty (20) days as of the receipt of “Request for Arbitration” by the Party served. In case the Parties fail to reach an agreement in relation to the appointment of the single arbitrator, said arbitrator shall be appointed by the Chairman of the Arbitration Center, which shall consider the experience of the arbitrator in relation to the issue of the litigation.
12.6 The Parties acknowledge that any of the Parties may need the granting of preventive measure or injunctive relief before the commencement of the Arbitration. Therefore...
Arbitration Court. If disputes or right petition arising from the execution of, or in connection with (including the signing, effectiveness or termination of the Agreement) the Agreement cannot be settled through consultation in accordance with 20.1(Consultation), the dispute or petition will be submitted to Beijing arbitration Court.
Arbitration Court. The arbitration shall be final and binding for all Parties. The arbitration is the only and exclusive remedy for all Parties' petition, court charge or dispute. Except the compulsory execution of relevant arbitration agreements or their resolution, the Parties shall waive any right of application or appeal to any court, court of justice to the largest extent in accordance with relevant laws and regulations.
Arbitration Court. The Disputes shall be decided by an Arbitration Court comprised of 3 (three) arbitrators, appointed according to the Regulations (“Arbitration Court”).
Arbitration Court. All disputes and controversies that may arise from or in relation to this Contract Artykuł 13 Sąd arbitrażowy
Arbitration Court. Section 1. If any disputes arise in connection with this Contract, the Parties shall attempt to settle the dispute out of court. If resolution of the dispute is not possible, the dispute shall be submitted to and finally settled by the Polish Arbitration Court of the National Chamber of Commerce.
Section 2. If either of the Parties makes a demand for arbitration, such Party shall inform the other Party of such demand by registered letter, notifying the other Party of the identity of the arbitrator chosen by it. The other party shall within two weeks from the date of receipt of such letter, appoint an arbitrator on its part. The Arbitrators of both Parties shall, in a term of one month from the date of choosing the second arbitrator, appoint a third arbitrator, who shall be the chairman of the arbitration panel.
Section 3. If Parties do not fulfil their obligation to appoint arbitrators as provided above or if the appointed arbitrators are not to agree on the chairman in the required period, the Chairman of the Arbitration Court of the National Chamber of Commerce shall appoint, at the demand of one of the Parties, the arbitrator and/or Chairman. The arbitration shall be conducted in accordance with the Arbitration Rules and Regulations of the Commission of the International Commerce Law of the United Nations from December 15, 1976 (UNCITRAL).
Section 4. The application to the Arbitration Court and the decision of the Arbitration Court shall be in the Polish language.
Section 5. The arbitration take place in Warsaw and Polish law shall be used in the interpretation of this Contract and the settlement of disputes. The decision of the Arbitration Court is final and binding on both Parties and is not subject to appeal.
Arbitration Court. All disputes, disagreements or claims arising among the Parties related to the construal of the terms of this AGREEMENT and / or the performance or settlement of the obligation stipulated herein, and / or the breach of any terms and conditions hereof, including the failure to comply with any obligation stipulated herein by any of the Parties, as well as any failure to reach a friendly solution after any Invoice (Nota Fiscal) and / or collection document has been queried by the CONTRACTING PARTIES, should be definitively settled in compliance with the Regulations issued by the Reconciliation and Arbitration Chamber, Getulio Vargas Foundation ("Regulations").
Arbitration Court. The arbitration court shall consist of three members. One arbitrator shall be appointed by the plaintiff, a second arbitrator shall be appointed by the arbitrators and the third arbitrator shall be appointed by the arbitrators designated by the plaintiff and the defendant. If the defendant does not appoint its corresponding arbitrator within 10 (ten) calendar days from the date of receipt of the plaintiff's request to refer the dispute to arbitration and for the defendant to appoint an arbitrator, then, at the request of the plaintiff, such appointment shall be made a competent state or federal judge of Hermosillo, Sonora, whose resolution shall be unappealable or irrefutable by any other means, including a proceedings to protect constitutional rights. The plaintiff's request referred to in the foregoing paragraph must also indicate the arbitrator appointed by the plaintiff. In the event the two arbitrators appointed by the parties fail to reach an agreement as regards the appointment of the third arbitrator within 10 (ten) calendar days from the date on which the defendant appointed its arbitrator, then, at the request of any of the parties or arbitrators, the third arbitrator shall be appointed by a competent federal or state judge of the city of Hermosillo, Sonora, whose resolution shall be unappealable or irrefutable by any other means, including a proceeding to protect constitutional rights. Arbitrators must be individuals of legal age, legally qualified, morally reliable, independent and impartial, with experience in commercial disputes and, preferably, attorneys at law. The arbitrators may also be companies or entities specialized in arbitration services. However, in any case, any individual who respectively represents such companies must fulfill the requirements specified in the immediately preceding paragraph. All decisions rendered by the arbitration court, including the arbitration award and any kind of resolution must be made by majority of votes.
