Choice of Arbitration. Any dispute or difference or claim (in each case of whatsoever nature) arising out of or in connection with or relating to this Agreement (including, without limitation, any dispute as to the validity or existence of this Agreement and/or this Clause 7.1) (each a “Dispute”) shall be submitted to and resolved by arbitration by the HKIAC pursuant to its Rules including any additions made by the UNCITRAL Rules and as modified by this Agreement. The arbitral tribunal shall consist of 3 arbitrators. The arbitral proceedings shall be conducted in English. Any arbitration commenced pursuant to this Clause 7 shall have its seat in Hong Kong.
Choice of Arbitration. Any and all disputes or controversies, whether of law or fact of any nature whatsoever, arising from or respecting this Agreement shall be decided in accordance with the then current arbitration rules of the International Chamber of Commerce ("ICC") or by any other body mutually agreed upon by the parties. Pre-arbitration discovery shall be permitted at the request of either party under appropriate protection for proprietary and confidential business information. If any terms in this Section 15 are inconsistent with the rules of the ICC in effect at the time of the dispute, then the rules of the ICC shall prevail.
Choice of Arbitration. Subject to section 8.11 below, any Claim arising in respect of this Agreement which is challenged, any controversy or dispute regarding the execution of this Agreement, including its annulment, as well as any dispute with regard to the interpretation or application of this Agreement must be submitted to arbitration to the exclusion of the courts, the whole in accordance with the procedure hereinafter established.
Choice of Arbitration. 11.2.1 In case no settlement can be reached through consultations within 60 Business Days after the date of notification by one Party to the other Parties, then such dispute, controversy or claim, including a dispute as to the validity or existence of this Agreement, shall be resolved by arbitration conducted in English by a sole arbitrator pursuant to the Rules of the International Chamber of Commerce (“ICC”). The venue of arbitration shall be in London.
11.2.2 The sole arbitrator shall be appointed by unanimous agreement of the Parties within 10 days following the notice by which one of the Parties communicates to the other Parties its intention to activate the arbitral proceeding. If the Parties do not reach an agreement upon the appointment of the sole arbitrator within said term, the Parties shall refer to ICC for appointment of the sole arbitrator and ICC shall appoint the latter within 20 Business Days from the request by either of the Parties.
11.2.3 The sole arbitrator shall draw up and submit to the Parties for signature the terms of reference within 21 days of receiving the file. The terms of reference shall not include the list of issues to be determined.
11.2.4 The arbitral award shall be final and binding upon the Parties and shall be enforceable in accordance with its terms.
11.2.5 The arbitral award may be enforced in any court having competent jurisdiction. The arbitration expense and costs incurred by the winning Party shall be paid by the losing Party and the arbitral tribunal shall have the power to make an award in respect thereof. If it becomes necessary for a Party to enforce an arbitral award by legal action of any kind, the defaulting Party shall pay all reasonable costs and expenses and attorney’s fees, including any cost of additional litigation or arbitration that may be incurred by the Party seeking to enforce the award.
Choice of Arbitration. 28.1.1 The Parties shall strive to settle any dispute, controversy or claim arising from the interpretation or performance of, or in connection with, this Contract through friendly consultations.
28.1.2 In case no settlement can be reached through friendly consultations among the Parties within sixty (60) days of the submission of such matter by one Party to the other Party, then such matter shall be submitted to the Hong Kong International Arbitration Center (“HKIAC”) in Hong Kong for its resolution in accordance with the then-prevailing HKIAC rules.
28.1.3 The arbitration proceedings shall be conducted in Chinese and English and shall take place in Hong Kong.
28.1.4 The arbitration panel shall consist of three (3) arbitrators, with each Party selecting one (1) arbitrator each.
28.1.5 The arbitral award shall be final and binding upon the Parties and shall be enforceable in accordance with its terms. Each Party shall be responsible for its own costs and expenses of arbitration, including its attorney fees and expenses.
28.1.6 The award may be enforced by filing for confirmation and enforcement to a court having jurisdiction. The Parties agree that, if it becomes necessary for a Party to enforce an arbitral award by legal action of any kind, the Party against which such enforcement action is taken shall pay all reasonable costs and expenses and attorneys’ fees, including but not limited to any cost of additional litigation or arbitration incurred by the Party seeking to enforce the award, unless the relevant court or arbitral tribunal rules otherwise.
Choice of Arbitration. 27.1.1 The Parties shall strive to settle any dispute, controversy or claim arising from the interpretation or performance of, or in connection with, this Contract through friendly consultations.
27.1.2 In case no settlement can be reached through friendly consultations among the Parties within sixty (60) days of the submission of such matter by one Party to the other Parties, then such matter shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing for its resolution in accordance with the then-prevailing CIETAC rules.
27.1.3 The arbitration proceedings shall be conducted in Chinese and English and shall take place in Beijing.
27.1.4 The arbitration panel shall consist of three (3) arbitrators, with each Party selecting one (1) arbitrator each.
27.1.5 The arbitral award shall be final and binding upon the Parties and shall be enforceable in accordance with its terms. Each Party shall be responsible for its own costs and expenses of arbitration, including its attorney fees and expenses.
27.1.6 The award may be enforced by filing for confirmation and enforcement to a court having jurisdiction. The Parties agree that, if it becomes necessary for a Party to enforce an arbitral award by legal action of any kind, the Party against which such enforcement action is taken shall pay all reasonable costs and expenses and attorneys’ fees, including but not limited to any cost of additional litigation or arbitration incurred by the Party seeking to enforce the award, unless the relevant court or arbitral tribunal rules otherwise.
Choice of Arbitration. 10.2.1 The Parties shall strive to settle any dispute arising from or in connection with this Agreement through friendly consultations. In case no settlement can be reached through consultations within 60 days of the date of notification by one Party to the other Parties, then such dispute, including a dispute as to the validity or existence of this Agreement, shall be resolved by arbitration at China International Economic and Trade Arbitration Commission ("CIETAC") in Shanghai pursuant to the CIETAC Arbitration Rules.
10.2.2 The arbitral award shall be final and binding upon the Parties and shall be enforceable in accordance with its terms.
10.2.3 Any arbitration expense shall be paid by the losing Party or as stated in the arbitral award of the arbitral tribunal. If it becomes necessary for a Party to enforce an arbitral award by legal action of any kind, the defaulting Party shall pay all reasonable costs and expenses and reasonable attorney's fees, including, but not limited to, any cost of additional litigation or enforcement that shall be incurred by the Party seeking to enforce the award.
10.2.4 During the period when a dispute is being resolved, the Parties shall in all respects other than the issue(s) in dispute continue their performance of this Agreement.
Choice of Arbitration. All disputes in connection with this Agreement or the execution thereof shall be amicably settled through negotiation. Any and all disputes arising out of or in connection with the present Agreement that cannot be settled amicably, shall be settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce ("ICC.") or by any other body mutually agreed upon by the parties. Pre-arbitration discovery shall be permitted at the request of either party under appropriate protection for proprietary and confidential business information. If any terms in this Section 14 are inconsistent with the rules of the ICC in effect at the time of the dispute, then the rules of the ICC shall prevail.
Choice of Arbitration. (A) Any claim, controversy or disputes arising from the interpretation or performance of, or in connection with, this Contract shall be settled through friendly consultations between the Parties. In case no settlement can be reached through consultations within sixty (60) days of the submission of such matter by one Party to the other Party, then such dispute shall be settled by arbitration under the Rules of Arbitration of the Institute of the Stockholm Chamber of Commerce.
(B) The arbitration proceedings shall be conducted in English and shall take place in Stockholm, Sweden.
(C) The arbitral award shall be final and binding upon the Parties and shall be enforceable in accordance with its terms.
(D) The award may be enforced by filing as judgement in any court having jurisdiction, or an application may be made to such court for assistance in enforcing the award, as the case may be. Any arbitration expense, including a reasonable allowance for attorney’s fees, shall be paid by the losing Party or as fixed by the arbitral tribunal. The Parties agree that, if it becomes necessary for a Party to enforce an arbitral award by legal action of any kind, the losing Party shall pay all reasonable costs and expenses and attorney’s fees including, but not limited to, any cost of additional litigation or arbitration that shall be incurred by the Party seeking to enforce the award.
Choice of Arbitration. If any dispute arises under or relating to this Agreement, including with respect to the interpretation or implementation of this Agreement, relating to performance or termination under this Agreement or relating to any matter contemplated by this Agreement, including liquidation of the Company, the Parties shall first attempt to resolve such dispute through friendly discussions. If the dispute cannot be resolved in this manner to the satisfaction of the Parties within sixty (60) days after the date that any Party has notified the other Parties in writing of such dispute, the Parties, as the sole manner to resolve the dispute, shall submit the dispute to arbitration in the Singapore International Arbitration Center (“Center”), in accordance with the applicable arbitration rules of the United Nations Commission on the International Trade Law in which case:
(a) The basis of the arbitration shall be both the English text and the Chinese text of this Agreement, unless the Parties agree that a single text be used;
(b) There shall be three (3) arbitrators, all of whom shall be fluent in English. SITW and Trench shall each appoint one (1) arbitrator who shall select the third arbitrator, who shall serve as chairman of the panel (and who shall not be a national of the domicile of either of the Parties to this Agreement). If the first two (2) arbitrators cannot agree on a third arbitrator within fifteen (15) business days after their appointment, the third arbitrator shall be appointed by the Center and shall serve as chairman of the panel.
