Common use of Determination of Disputes Clause in Contracts

Determination of Disputes. 18.1 Any dispute relating in any way to or arising from this Agreement, will be submitted to confidential arbitration to be held in Sandton under the rules of the Arbitration Foundation of Southern Africa (or its successor in title), to which arbitration the Parties hereby consent. 18.2 The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 18.3 The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason. 18.4 The provisions of this clause 18 shall not preclude any Party from approaching a Court of competent authority within the Republic of South Africa for an interdict or other injunctive relief of an urgent nature. With regard to the foregoing, the Parties agree that any such legal action or legal proceedings arising out of or in connection therewith shall be brought in the South Gauteng High Court or its successor, if any, and irrevocably submit to the non-exclusive jurisdiction of such court. The Parties irrevocably waive any objection which they may now or hereafter have that any such action or proceedinghas been brought in an inconvenient forum. Nothing herein contained shall affect the right to service process in any manner permitted by law. The submission to such jurisdiction shall not (and shall not be construed so as to) limit the rights of BEE123 to take proceedings against the Partner in whatever other jurisdiction it shall consider appropriate nor shall the taking of proceedings in any one or more jurisdictions automatically preclude the taking of proceedings in any other jurisdiction whether concurrently or not. 18.5 Nothing herein contained shall preclude BEE123 from approaching a Court of competent authority within the Republic of South Africa for the purposes of collecting any payment due to it under this Agreement, and for such purposes it shall not be required to follow the arbitration procedure set out in this clause 18.

Determination of Disputes. 18.1 Any In the event of any dispute relating in any way to under or arising from this Agreement, will be submitted to confidential arbitration to be held in Sandton under the rules of the Arbitration Foundation of Southern Africa (or its successor in title), to which arbitration the Parties hereby consent. 18.2 The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 18.3 The provisions of this clause are severable from the rest out of this Agreement and (other than one for which a separate method of resolution has been provided): 21.1 The Shareholders shall remain take the matter before an independent mediator in effect even accordance with the procedures of ADR Group, London, with the intention that the matter shall if this Agreement is terminated for any reasonpossible be resolved by mediation. 18.4 21.2 The provisions of this clause 18 shall not preclude any Party from approaching a Court of competent authority within the Republic of South Africa for an interdict or other injunctive relief of an urgent nature. With regard to the foregoing, the Parties agree that any such legal action or legal proceedings arising out of or in connection therewith mediator shall be brought agreed by the Shareholders, or failing such agreement within 15 Business Days of one Shareholder requesting the appointment of a mediator, shall be appointed on the application of any of the Shareholders in accordance with clause 21.6. 21.3 Unless otherwise agreed the costs of the mediation shall be paid by each of the Shareholders in the South Gauteng High Court same proportion to which she holds shares in the Company but any Shareholder which may of her own volition incur any additional costs shall be responsible for them. 21.4 The doctrines of laches, waiver or its successor, if any, and irrevocably submit to the non-exclusive jurisdiction of such court. The Parties irrevocably waive any objection which they may now or hereafter have that any such action or proceedinghas been brought in an inconvenient forum. Nothing herein contained shall affect the right to service process in any manner permitted by law. The submission to such jurisdiction shall not (and estoppel shall not be construed so considered in any such mediation. 21.5 In the event that the mediator appointed as to) limit above shall certify in writing his opinion that the rights dispute is not capable of BEE123 resolution by mediation, or that the mediation has not been concluded within 60 days of the agreement of the Shareholders as to take proceedings against the Partner in whatever other jurisdiction appointment of the mediator or a request by any of the Shareholders for such an appointment, then it shall consider appropriate nor be referred in accordance with the Arbitration Act 1996 to a single arbitrator to be appointed, in default of agreement, upon the request of the Shareholders in accordance with clause 21.6, and the decision of the arbitrator (including any decision as to costs) shall be final and binding on the taking of proceedings in any one or more jurisdictions automatically preclude the taking of proceedings in any other jurisdiction whether concurrently or notShareholders. 18.5 Nothing herein contained 21.6 An appointment of a mediator or arbitrator shall preclude BEE123 from approaching a Court be made upon the request of competent authority within any of the Republic of South Africa Shareholders by the president or other chief officer for the purposes time being of collecting the Relevant Institution or any payment due to it under this Agreement, and for such purposes it shall not be required to follow deputy duly authorised by the arbitration procedure set out Relevant Institution in that regard. 21.7 Nothing in this clause 18.21 shall preclude the making of an application to the Court for injunctive relief to restrain a breach or apprehended breach of this Agreement. EXECUTED as a deed in the originals the day and year first before written EXECUTED and DELIVERED as a deed By X X in the presence of: Signature of Witness: Name of Witness: Address of Witness: Occupation of Witness: EXECUTED and DELIVERED as a deed By X X in the presence of: Signature of Witness: Name of Witness: Address of Witness: Occupation of Witness: EXECUTED and DELIVERED as a deed By X X in the presence of: Signature of Witness: Name of Witness: Address of Witness: Occupation of Witness: EXECUTED as a deed COMPANY NAME ) and ) signed by two duly authorised officers on its behalf ) Director/Secretary Director PART 1 SHAREHOLDERS AND SHAREHOLDER NUMBERS PART 2 PRINCIPAL DETAILS OF THE COMPANY

Determination of Disputes. 18.1 Any dispute relating in any way to or arising from this Agreement, will be submitted to confidential arbitration to be held in Sandton under the rules of the Arbitration Foundation of Southern Africa (or its successor in title), to which arbitration the Parties hereby consent. 18.2 The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 18.3 The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason. 18.4 The provisions of this clause 18 shall not preclude any Party from approaching a Court of competent authority within the Republic of South Africa for an interdict or other injunctive relief of an urgent nature. With regard to the foregoing, the Parties agree that any such legal action or legal proceedings arising out of or in connection therewith shall be brought in the South Gauteng High Court or its successor, if any, and irrevocably submit to the non-exclusive jurisdiction of such court. The Parties irrevocably waive any objection which they may now or hereafter have that any such action or proceedinghas proceeding has been brought in an inconvenient forum. Nothing herein contained shall affect the right to service process in any manner permitted by law. The submission to such jurisdiction shall not (and shall not be construed so as to) limit the rights of BEE123 to take proceedings against the Partner in whatever other jurisdiction it shall consider appropriate nor shall the taking of proceedings in any one or more jurisdictions automatically preclude the taking of proceedings in any other jurisdiction whether concurrently or not. 18.5 Nothing herein contained shall preclude BEE123 from approaching a Court of competent authority within the Republic of South Africa for the purposes of collecting any payment due to it under this Agreement, and for such purposes it shall not be required to follow the arbitration procedure set out in this clause 18.

Determination of Disputes. 18.1 Any (a) If any claim, controversy or other dispute relating (a “Dispute”) arises out of or in connection with this Agreement including breach, termination or invalidity thereof, and if the Dispute cannot be settled through negotiation, the Dispute shall be exclusively and finally settled by submitting the matter to the Judicial Arbitration and Mediation Service (“JAMS”), or its successor, for arbitration in the State and Country of New York, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq., applying the laws of Delaware (without regard to the principles of conflicts of laws thereof). The parties hereto waive their right to seek remedies in court, including any right to a jury trial, and disputes will not be resolved in any way other forum or venue except as contemplated by this Section 14. Any party hereto may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to or arising from this Agreement, the other parties hereto. The arbitration will be submitted to confidential arbitration to be held conducted in Sandton under accordance with the rules provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the Arbitration Foundation demand for arbitration, and shall be conducted by one or more retired judges who are experienced in dispute resolution regarding the investment management industry. The parties hereto will cooperate with JAMS and with one another in selecting an arbitrator in accordance with the foregoing sentence from JAMS’ panel of Southern Africa (or its successor neutral arbitrators, and in title), to which scheduling the arbitration proceedings. The parties hereto covenant that they will participate in the Parties hereby consent. 18.2 arbitration in good faith. The arbitrator’s award will be binding and provisions of this paragraph may be entered as a judgment in enforced by any court of competent jurisdiction, and the party hereto seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party or parties hereto against whom enforcement is ordered. To Pre-arbitration discovery shall be limited to the fullest greatest extent permitted provided by applicable the rules of JAMS, the arbitration award shall not include factual findings or conclusions of law, and no arbitration under this Agreement punitive damages shall be awarded. (b) The award or decision of the arbitrators shall be final, binding upon the parties hereto and shall be non-appealable. Judgment upon the award or decision rendered by the arbitrators may be joined entered in any court having jurisdiction thereon. (c) Arbitration sessions shall be private. The parties hereto subject to the Dispute and their representatives may attend arbitration sessions. Other persons may attend only with the permission of the parties hereto subject to the Dispute and with the consent of the arbitrator. (d) Confidential information disclosed to an arbitrator by each party hereto and its representatives in the course of the arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 18.3 The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason. 18.4 The provisions of this clause 18 shall not preclude any Party from approaching a Court of competent authority within the Republic of South Africa for an interdict or other injunctive relief of an urgent nature. With regard to the foregoing, the Parties agree that any such legal action or legal proceedings arising out of or in connection therewith shall be brought in the South Gauteng High Court or its successor, if any, and irrevocably submit to the non-exclusive jurisdiction of such court. The Parties irrevocably waive any objection which they may now or hereafter have that any such action or proceedinghas been brought in an inconvenient forum. Nothing herein contained shall affect the right to service process in any manner permitted by law. The submission to such jurisdiction shall not (filed under seal and shall not be construed so as to) limit divulged by the rights of BEE123 arbitrator to take proceedings against any person other than the Partner parties hereto and their representatives. All records, reports or other documents received by an arbitrator while serving in whatever other jurisdiction it that capacity shall consider appropriate nor shall the taking of proceedings in any one or more jurisdictions automatically preclude the taking of proceedings in any other jurisdiction whether concurrently or not. 18.5 Nothing herein contained shall preclude BEE123 from approaching a Court of competent authority within the Republic of South Africa for the purposes of collecting any payment due to it under this Agreement, and for such purposes it be confidential. The arbitrator shall not be required compelled to follow divulge such records or to testify in regard to the arbitration procedure set out in this clause 18any adversary proceeding or judicial forum. The parties hereto shall maintain the confidentiality of the arbitration and shall not rely on, or introduce as evidence in any arbitral, judicial or other proceeding, other than the proceeding before the arbitrator: (i) views expressed or suggestions made by another party hereto with respect to a possible settlement of the Dispute; (ii) admissions made by another party hereto in the course of attempted settlement of the arbitration proceedings; (iii) proposals made or views expressed by the arbitrator, other than the final decision; or (iv) the fact that another party hereto had or had not indicated willingness to accept a proposal for settlement made by the arbitrator. There shall be no stenographic record of the arbitration process.