Arbitration; Settlement of Disputes. Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this Deposit Agreement, or the breach hereof or thereof, if so elected by the claimant, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The place of the arbitration shall be Xxx Xxxx xx Xxx Xxxx, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of America, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute or controversy, shall have no connection with any party thereto, and shall be an attorney experienced in international securities transactions. Each party shall appoint one arbitrator and the two arbitrators shall select a third arbitrator who shall serve as chairperson of the tribunal. If a dispute, controversy or cause of action shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant(s) and respondent(s)), each of which shall appoint one arbitrator as if there were only two parties to such dispute, controversy or cause of action. If such alignment and appointment shall not have occurred within thirty (30) calendar days after the initiating party serves the arbitration demand, the American Arbitration Association shall appoint the three arbitrators, each of whom shall have the qualifications described above. The parties and the American Arbitration Association may appoint from among the nationals of any country, whether or not a party is a national of that country. The arbitral tribunal shall have no authority to award any consequential, special or punitive damages or other damages not measured by the prevailing party’s actual damages and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Deposit Agreement.
Arbitration; Settlement of Disputes. As per clause no 14 of GCC/Supply-1/Rev-4
Arbitration; Settlement of Disputes. (a) Any controversy, claim, cause of action or other dispute (each, a "Dispute") brought by any party or parties to the Deposit Agreement against the Company arising out of or relating to the Deposit Agreement (including any question regarding its existence, validity or termination), the Shares or other Deposited Securities, any Receipts or any American Depositary Shares shall be referred to and finally settled by arbitration in accordance with the Rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into the Deposit Agreement, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, that in the event of any third-party litigation to which the Depositary is a party and to which the Company may properly be joined, the Company may be so joined in any court of competent jurisdiction in which such litigation is proceeding; and provided, further, that any such Dispute brought by any party to the Deposit Agreement against the Company relating to or based upon the provisions of the Federal securities laws of the United States or the rules and regulations thereunder shall be submitted to arbitration as provided in the Deposit Agreement if, but only if, so elected by the claimant. Each of the parties to the Deposit Agreement consents to be joined to any arbitration proceeding commenced in accordance with the provisions of Section 7.06 of the Deposit Agreement at the request of any party to such arbitration proceeding.
(b) The place of the arbitration shall be London, England and the language of the arbitration shall be English.
(c) The number of arbitrators shall be three. Two of the arbitrators shall be nominated by the respective parties in the Request for Arbitration and the Response, and the third, who shall be the Chairperson of the tribunal, shall be nominated by the party-nominated arbitrators within 30 days of the last of their appointments. In the event of a failure to nominate an arbitrator by either party, the London Court of International Arbitration shall, at the written request of either party, make such appointments forthwith.
(d) If a Dispute, shall involve more than two parties, the parties shall attempt to align themselves in two sides(i.e., claimant and respondent), each of which shall nominate one arbitrator as if there were only two parties to such Dispute. If such alignment is not agreed in writing within twenty (20) cale...
Arbitration; Settlement of Disputes. Appointment of Agent for Service of Process; Submission to Jurisdiction; Jury Trial Waiver.
Arbitration; Settlement of Disputes. Submission to Jurisdiction; Appointment of Agent for Service of Process; Jury Trial Waiver. SECTION 7.08 Waiver of Immunities. SECTION 7.09 Governing Law.
Arbitration; Settlement of Disputes. Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, or the breach hereof or thereof, if so elected by the claimant, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Arbitration; Settlement of Disputes. (a) Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this Deposit Agreement, including any question regarding its existence, validity or termination, or the breach hereof or thereof (a “Dispute”) shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, that in the event of any third-party litigation to which the Depositary is a party and to which the Company may properly be joined, the Company may be so joined in any court in which such litigation is proceeding; and provided further that any such controversy, claim or cause of action relating to or based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder shall be submitted to arbitration as provided in this Section 7.06 only if so elected by the claimant. The place of the arbitration shall be Xxx Xxxx xx Xxx Xxxx, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of America, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be an attorney experienced in international securities transactions. Two of the arbitrators shall be nominated by the respective parties in the notice of arbitration and the statement of defense, and the third, who shall be the Chairman of the tribunal, shall be nominated by the two party-nominated arbitrators within 30 calendar days of the last of their appointments; provided, however, that if a Dispute shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant and respondent), each of which shall appoint one arbitrator as if there were only two parties to such Dispute. In the event of agreement on such alignment, the nomination of an arbitrator by the claimant side shall be made within 30 calendar days of the commencement of the arbitration and the nomination by the respondent side shall be made within 60 calendar days after the commencement of the arbitration. If such alignment is not agreed within 20 calendar days after commencement of the arbitration, the International Centre for Dispute Resolution shall, at the written request of any party, appoint the three arb...
Arbitration; Settlement of Disputes. SECTION 7.07 Appointment of Agent for Service of Process. SECTION 7.08 Governing Law. SECTION 7.09 Waiver of Immunities.
Arbitration; Settlement of Disputes. For purposes of this Section 7.06, the parties hereto are the Company, the Depositary, all Owners and all Beneficial Owners.
(a) Subject to clause (b) below, any controversy, claim or cause of action arising between any two or more of the parties hereto out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this Agreement, or the breach or thereof, shall be settled by arbitration in accordance with and to the extent required by the provisions set out in Article 203 of the Company's Articles of Association and as described in the Listing Agreement dated November 19, 2002 between the Company and The Stock Exchange of Hong Kong Limited, and the parties hereto hereby opt for arbitration by the Hong Kong International Arbitration Centre in accordance with its Securities Arbitration Rules which rules are deemed to be incorporated herein by reference. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(b) Any controversy, claim or cause of action brought by a party hereto against the Company relating to or based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder, any dispute between the Depositary or Custodian and any Owner or Beneficial Owner relating to or based upon this Agreement that would not require the Company's participation, any third-party litigation to which the Depositary is a party and to which the Company may properly be joined to the extent Article 203 permits, may, but need not, be submitted to arbitration as provided in this Section 7.06. At the option of the Depositary, such controversy, claim, cause of action, dispute or third-party litigation shall instead be litigated in the Federal and state courts in the Borough of Manhattan, The City of New York and the Company hereby submits to the personal jurisdiction of the court in which such action or proceeding is brought.
(c) The place of any arbitration under this Section 7.06 shall be in Hong Kong at the Hong Kong International Arbitration Centre and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute or controversy, shall have no connection with any party thereto and shall be an attorney experienced in international securities transactions. Each party shall appoint one arbitrator and the two arbitrators shall select a th...
Arbitration; Settlement of Disputes. In the event of any dispute, a party may seek conciliation proceedings. The conciliation proceedings will be in accordance with the Arbitration and Conciliation Act, 1996 and the rules made there under and any statutory modification thereof.
