ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement 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 thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, cause of action, or other dispute brought by a 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 promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal and state courts in the Borough of Manhattan, The City of New York and the Company has submitted to the personal jurisdiction of the court in which such action or proceeding is brought. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has irrevocably and unconditionally waived, and agreed not to plead or claim, any such immunity and consented to such relief and enforcement.
Appears in 9 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement 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 thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, cause of action, or other dispute brought by a 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 promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal and state courts in the Borough of Manhattan, The City of New York and the Company has submitted hereby submits to the personal jurisdiction of the court in which such action or proceeding is brought. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 5 contracts
Samples: Deposit Agreement (Pan Sino International Holding LTD), Deposit Agreement (Beijing Beida Jade Bird Universal Sci-Tech CO LTD), Deposit Agreement (China Wireless Technologies LTD)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, or the breach thereof, shall be referred to, and finally settled by by, arbitration in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association(the LCIA Rules) in effect on the date of this Agreement, which Rules are deemed incorporated by reference into this paragraph, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal federal and state courts in the Borough of Manhattan, . The City of New York and the Company has submitted agreed in the Deposit Agreement to the personal jurisdiction appoint Xxxxxxx & Associates, presently having its office at 000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxx 00000, Xxxxxx Xxxxxx of the court in which such action or proceeding is broughtAmerica, as its agent for service of process. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on or the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for or the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 4 contracts
Samples: Deposit Agreement (Mobile Telesystems Ojsc), Deposit Agreement (Mobile Telesystems Ojsc), Deposit Agreement (Mobile Telesystems Ojsc)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, or the breach thereof, shall be referred to, and finally settled by by, arbitration in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association(the LCIA Rules) in effect on the date of this Agreement, which Rules are deemed incorporated by reference into this paragraph, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal and state courts in the Borough of Manhattan, . The City of New York and the Company has submitted agreed in the Deposit Agreement to the personal jurisdiction appoint Xxxxxxx & Associates, presently having its office at 000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxx 00000, Xxxxxx Xxxxxx of the court in which such action or proceeding is broughtAmerica, as its agent for service of process. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on or the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for or the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 4 contracts
Samples: Deposit Agreement, Deposit Agreement (Open Joint Stock Co Petersburg Telephone Network /Adr/), Deposit Agreement (Open Joint Stock Co Electrosvyaz of Novosibirsk Region /Adr/)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement 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 thereof, shall be settled by arbitration in accordance with the International Commercial Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, thereunder shall be submitted to arbitration as provided in Section 7.06 of the Deposit AgreementAgreement if, but only if, so elected by the claimant. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement above shall be litigated in the Federal and state courts in the Borough of Manhattan, . The City of New York and the Company has submitted agreed in the Deposit Agreement to appoint an agent in the personal jurisdiction United States for service of the court in which such action or proceeding is broughtprocess. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or 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), Shares or other Deposited Securities, the any American Depositary Shares, the Shares or any Receipts or the Deposit Agreement, or the breach thereof, shall be settled setttled by arbitration in accordance with the International Arbitration Rules of the American Arbitration AssociationLondon Court of International Arbitration, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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 controversy, claim, cause of action, or other dispute Dispute brought by a any party to the Deposit Agreement 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 may, but need not, shall be submitted to arbitration as provided in the Deposit AgreementAgreement if, but only if, so elected by the claimant. The Deposit Agreement further provides that any controversy, claim or cause of action Dispute arising out of or relating to the Shares or other Deposited Securities, the any American Depositary Shares, the any Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement above shall be litigated in the Federal and state courts in the Borough of Manhattan, . The City of New York and the Company has submitted agreed in the Deposit Agreement to the personal jurisdiction appoint and maintain an agent in United States for service of the court in which such action or proceeding is broughtprocess. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, sovereign immunity from any legal action, suit or proceeding, from the giving of any an relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out our of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 2 contracts
Samples: Deposit Agreement (Scientific Production Corp Irkut), Deposit Agreement (RBC Information Systems)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement 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 thereof, shall be settled by arbitration in London, England in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association, which rules are deemed to be incorporated by reference of this Article 22 and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company action relating to or based upon the provisions any provision of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further also provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement above shall be litigated in the Federal and state courts in the Borough of Manhattan, The City of New York and the Company has submitted to the personal jurisdiction of the court in which such action or proceeding is brought. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of sovereign immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, law has irrevocably and unconditionally waived, and agreed not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 2 contracts
Samples: Deposit Agreement (Ojsc Volga Telecom/Fi), Deposit Agreement (Open Joint Stock Co Nizhegorodsvyazinform/Adr)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement 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 thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, cause of action, or other dispute brought by a 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 promulgated thereunder may, but need not, shall be submitted to arbitration as provided in the Deposit AgreementAgreement if, but only if, so elected by the claimant. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal and state courts in the Borough of Manhattan, The City of New York and the Company has submitted to the personal jurisdiction of the court in which such action or proceeding is brought. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has irrevocably and unconditionally waived, and agreed not to plead or claim, any such immunity and consented to such relief and enforcement.
Appears in 2 contracts
Samples: Deposit Agreement (Bank of New York / Adr Division), Deposit Agreement (Bank of New York / Adr Division)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought (i) by any party to the Deposit Agreement against the Company or (ii) by the Company against the Depositary, 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 thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement above shall be litigated in the Federal and state courts in the Borough of Manhattan, The City of New York and the Company has submitted to the personal jurisdiction of the court in which such action or proceeding is brought. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 2 contracts
Samples: Deposit Agreement (Open Joint Stock Co Uralsvyazinform/Adr), Deposit Agreement (Open Joint Stock Co Uralsvyazinform/Adr)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Company 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 thereof, shall be settled by arbitration in accordance with the International Commercial Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement above shall be litigated in the Federal and state courts in the Borough of Manhattan, The City of New York and the Company has submitted to the personal jurisdiction of the court in which such action or proceeding is brought. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of sovereign immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, in any such immunity and consented consents to such relief and enforcement.
Appears in 2 contracts
Samples: Deposit Agreement (Southern Telecommunications Co /Fi), Deposit Agreement (Public Joint Stock Co Southern Telecommunicat Co/Adr)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement 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 thereof, shall be settled by arbitration in accordance with the International Commercial Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the this Deposit Agreement not subject to arbitration under the Deposit Agreement above shall be litigated in the Federal and state courts in the Borough of Manhattan, . The City of New York and the Company has submitted agreed in the Deposit Agreement to appoint an agent in the personal jurisdiction United States for service of the court in which such action or proceeding is broughtprocess. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, sovereign immunity from any legal action, suit or proceeding, from the giving of any an relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 1 contract
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement 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 thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration AssociationLondon Court of International Arbitration, which rules are deemed to be incorporated by reference into this paragraph 22 and the Deposit Agreement, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, cause of action, or other dispute brought by a 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 promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under above shall be exclusively litigated in the courts of England and Wales located in London, England. The Company has agreed in the Deposit Agreement shall be litigated in the Federal and state courts in the Borough to appoint an agent for service of Manhattan, The City of New York and the Company has submitted to the personal jurisdiction of the court in which such action or proceeding is broughtprocess. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has irrevocably and unconditionally waived, and has agreed not to plead or claim, any such immunity and has consented to such relief and enforcement.
Appears in 1 contract
Samples: Deposit Agreement (OJSC Gazprom)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, or the breach thereof, shall be referred to, and finally settled by by, arbitration in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association(the LCIA Rules) in effect on the date of this Agreement, which Rules are deemed incorporated by reference into this paragraph, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal federal and state courts in the Borough of Manhattan, . The City of New York and the Company has submitted agreed in the Deposit Agreement to the personal jurisdiction appoint Pxxxxxx & Associates, presently having its office at 800 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxx 00000, Xxxxxx Xxxxxx of the court in which such action or proceeding is broughtAmerica, as its agent for service of process. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on or the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for or the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 1 contract
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, or the breach thereof, shall be referred to, and finally settled by by, arbitration in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association(the LCIA Rules) in effect on the date of this Agreement, which Rules are deemed incorporated by reference into this paragraph, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal and state courts in the Borough of Manhattan, . The City of New York and the Company has submitted agreed in the Deposit Agreement to the personal jurisdiction appoint Pxxxxxx & Associates, presently having its office at 800 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxx 00000, Xxxxxx Xxxxxx of the court in which such action or proceeding is broughtAmerica, as its agent for service of process. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on or the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for or the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 1 contract
Samples: Deposit Agreement (Joint Stock Central Telecommunication Co /Fi)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Company 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 thereof, shall be settled by arbitration in accordance with the International Commercial Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement above shall be litigated in the Federal and state courts in the Borough of Manhattan, The City of New York and the Company has submitted to the personal jurisdiction of the court in which such action or proceeding is brought. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwisesoverei gn im munity, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, in any such immunity and consented consents to such relief and enforcement.
Appears in 1 contract
Samples: Deposit Agreement
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, or the breach thereof, shall be settled by arbitration in accordance with the International Commercial Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further, that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The place of the arbitration shall be Txx Xxxx xx Xxx Xxxx, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of America, and the language of the arbitration shall be English. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal and state courts in the Borough of Manhattan, The City State of New York and the York, United States of America. The Company has submitted agreed in the Deposit Agreement to appoint an agent in the personal jurisdiction United States for service of the court in which such action or proceeding is broughtprocess. To the extent that the Company or any of its properties, assets or revenues may have or may hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 1 contract
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any dispute, controversy, claim or cause of action brought by any party to the Deposit Agreement or other person against the Company 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 thereof, shall be settled by referred to, and finally resolved by, arbitration in London, England in accordance with the International Arbitration Rules of the American Arbitration AssociationLondon Court of International Arbitration, which Rules are deemed to be incorporated by reference into this Article 22, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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 by the Depositary in any court of competent jurisdiction in which such litigation is proceeding; and provided, further, provided further that any such dispute, controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company action relating to or based upon the provisions any provision of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further also provides that any dispute, controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal federal and state courts in the Borough of Manhattan, The Manhattan in the City of New York and the Company has submitted to the personal jurisdiction Nxx Xxxx, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of the court in which such action or proceeding is broughtAmerica. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of sovereign immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or of judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction United States or State court in the State of New York, County of New York in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has irrevocably and unconditionally waived, and has agreed not to plead or claim, any such immunity and has consented to such relief and enforcement.
Appears in 1 contract
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement 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 thereof, shall be settled by arbitration in accordance with the International Commercial Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement above shall be litigated in the Federal and state courts in the Borough of Manhattan, The City of New York and the York, State of New York. The Company has submitted agreed in the Deposit Agreement to appoint an agent in the personal jurisdiction United States for service of the court in which such action or proceeding is broughtprocess. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 1 contract
Samples: Deposit Agreement (Bank of New York / Adr Division)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement 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 thereof, shall be finally settled by arbitration in London, England, in accordance with the International Arbitration Rules of the American Arbitration AssociationLondon Court of International Arbitration, which rules are deemed to be incorporated by reference into this Article 22, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the this Deposit Agreement not subject to arbitration under the Deposit Agreement clause (a) above shall be litigated in the Federal and state courts in the Borough of Manhattan, The City of New York and the Company has submitted to the personal jurisdiction of the court in which such action or proceeding is brought. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any an relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction United States or State court in the State of New York, County of New York, in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has irrevocably and unconditionally waived, and has agreed not to plead or claim, any such immunity and has consented to such relief and enforcement.
Appears in 1 contract
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Company arising out of or relating to the Shares or other Deposited Securities, the American Global Depositary Shares, the Receipts or the Deposit Agreement, or the breach thereof, shall be settled by arbitration in accordance with the International Commercial Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Global Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal and state courts in the Borough of Manhattan, . The City of New York and the Company has submitted agreed in the Deposit Agreement to appoint an agent in the personal jurisdiction United States for service of the court in which such action or proceeding is broughtprocess. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Global Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 1 contract
Samples: Deposit Agreement (O a O Tatneft)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement 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 thereof, shall be settled by arbitration in accordance with the International Commercial Arbitration Rules of the American Arbitration Association, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal and state courts in the Borough of Manhattan, . The City of New York and the Company has submitted agreed in the Deposit Agreement to appoint an agent in the personal jurisdiction United States for service of the court in which such action or proceeding is broughtprocess. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary Shares, the Receipts or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 1 contract
Samples: Deposit Agreement (O a O Tatneft)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs (including Restricted ADSs), the Receipts ADRs (including Restricted ADRs) or the Deposit Agreement, or the breach thereof, shall be referred to, and finally settled by by, arbitration in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association(the LCIA Rules) in effect on the date of the Deposit Agreement, which Rules are deemed incorporated by reference into this paragraph, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs (including Restricted ADSs), the Receipts ADRs (including Restricted ADRs) or the Deposit Agreement not subject to arbitration under the Deposit Agreement shall be litigated in the Federal federal and state courts in the Borough of Manhattan, . The City of New York and the Company has submitted agreed to the personal jurisdiction appoint Pxxxxxx & Associates, presently having its office at 800 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxx 00000, Xxxxxx Xxxxxx of the court in which such action or proceeding is broughtAmerica, as its agent for service of process. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on or the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for or the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary SharesRestricted ADSs, the Receipts Restricted ADRs or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 1 contract
Samples: Deposit Agreement (JPMorgan Chase Bank, N.A. - ADR Depositary)
ARBITRATION; WAIVER OF IMMUNITIES. The Deposit Agreement provides that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, Agreement or the breach thereoftransactions contemplated thereby, shall may, if the party bringing such controversy, claim or cause of action so elects by notice in writing to the Company, be referred to, and finally settled by by, arbitration in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association(the LCIA Rules) in effect on the date of the Deposit Agreement, which Rules are deemed incorporated by reference into the Deposit Agreement, and that judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, 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, provided further that any such controversy, claim, claim or cause of action, or other dispute brought by a party to the Deposit Agreement against the Company relating action that relates to or is based upon the provisions of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, may be submitted to arbitration as provided in the Deposit Agreement. The Deposit Agreement further provides that the Depositary may in its sole discretion require, by written notice to the relevant party, that any controversy, claim or cause of action brought by any party to the Deposit Agreement against the Depositary shall be referred to and finally settled by an arbitration conducted under the terms set out in the Deposit Agreement. In any case where the Depositary exercises its right to arbitrate under the Deposit Agreement, arbitration of the controversy, claim or cause of action shall be mandatory and any pending litigation arising out of or related to such controversy, claim or cause of action shall be stayed. The Deposit Agreement further provides that any controversy, claim or cause of action arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs, or the Deposit Agreement or the transactions contemplated thereby which is not subject to arbitration under arbitration, may be instituted in such courts as are specified in the Deposit Agreement. The Company has agreed in the Deposit Agreement shall to appoint CT Corporation System, presently having its office at 100 Xxxxxx Xxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, Xxxxxx Xxxxxx of America, as its authorized agent upon which process may be litigated served in any action, suit or proceeding (including, but not limited to, any arbitration proceeding as contemplated by the Federal and state courts in the Borough Deposit Agreement) arising out of Manhattan, The City of New York and the Company has submitted or relating to the personal jurisdiction of Shares, the court in Deposited Securities, the ADSs, the ADRs, or the Deposit Agreement or the transactions contemplated thereby which such action may be instituted by the Depositary or proceeding is broughtany Holder. To the extent that the Company or any of its properties, assets or revenues may have or hereafter become entitled to, or have attributed to it, any right of immunity, on or the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any respect thereof, from setoff or counterclaim, from the jurisdiction of any court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution or judgment, or other legal process or proceeding for or the giving of any relief or for the enforcement of any judgment, in any jurisdiction in which proceedings may at any time be commenced, with respect to its obligations, liabilities or any other matter under or arising out of or in connection with the Shares or Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or the Deposit Agreement, the Company, to the fullest extent permitted by law, has hereby irrevocably and unconditionally waivedwaives, and agreed agrees not to plead or claim, any such immunity and consented consents to such relief and enforcement.
Appears in 1 contract