Dispute Resolution. Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 16 contracts
Samples: Share Subscription Agreement, Share Subscription Agreement, Share Subscription Agreement (Tencent Music Entertainment Group)
Dispute Resolution. Any dispute, (i) Each of the Parties hereto irrevocably (i) agrees that any dispute or controversy or claim (each, a “Dispute”) arising out of, relating to, or concerning any interpretation, construction, performance or breach of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration to be held in Hong Kong and administered by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when of the Arbitration Notice is submitted. The seat commencement of arbitration shall be the arbitration, (ii) waives, to the fullest extent it may effectively do so, any objection which it may now or hereafter have to the laying of venue of any such arbitration, and (iii) submits to the exclusive jurisdiction of Hong KongKong in any such arbitration. There shall be three (3) arbitrators. The complainant claimant shall appoint one (1) arbitrator, and the respondent to such dispute shall each select appoint one (1) arbitrator within thirty no more than ten (3010) days after giving or receiving following the demand for arbitration (official appointment of the “Selection Period”). Such arbitrators arbitrator appointed by the claimant, failing which such arbitrator shall be freely selected, appointed by HKIAC; the third arbitrator shall be the presiding arbitrator and shall be appointed jointly by the parties shall not be limited in their selection to any prescribed list. The chairman arbitrators ap-pointed by the claimant and respondent within ten (10) days of the HKIAC shall select later of the third arbitrator. If either party to appointment of the arbitration fails to appoint an arbitrators appointed by the said Parties, failing which such arbitrator with the Selection Period, the relevant appointment shall be made appointed by the chairman of the HKIAC. .
(ii) The arbitral proceedings arbitration shall be conducted in English. To .
(iii) The Parties acknowledge and agree that, in addition to contract damages, the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13arbitrator may award provisional and final equitable relief, including the provisions concerning the appointment injunctions, specific performance and lost profits.
(iv) The decision of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final final, conclusive and binding upon on the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party Parties to the Dispute arbitration. Judgment may be entered on the arbitration tribunal’s decision in any court having jurisdiction.
(v) When any dispute occurs and when any dispute is under arbitration, except for the matters in dispute, the Parties shall continue to fulfil their respective obligations and shall be entitled to seek preliminary exercise their rights under this Agreement.
(vi) The Parties understand and agree that this provision regarding arbitration shall not prevent any Party from pursuing preliminary, equitable or injunctive reliefrelief in a judicial forum pending arbitration in order to compel another Party to comply with this provision, if possibleto preserve the status quo prior to the invocation of arbitration under this provision, from or to prevent or halt actions that may result in irreparable harm. A request for such equitable or injunctive relief shall not waive this arbitration provision.
(vii) The Parties expressly consent to the joinder of additional part(ies) in connection with the Transaction Documents to the arbitration proceedings commenced hereunder and/or the consolidation of arbitration proceedings commenced hereunder with arbitration proceedings commenced pursuant to the arbitration agreements contained in the Transaction Documents. In addition, the Parties expressly agree that any court disputes arising out of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, or in connection with this Agreement and the Transaction Documents concern the same transaction or series of transactions.
(viii) If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall continue be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be performed except with respect to the part in dispute and under adjudicationentitled.
Appears in 15 contracts
Samples: Investors’ Rights Agreement (Joy Capital Opportunity, L.P.), Voting Agreement (Eve One Fund II L.P.), Investors’ Rights Agreement (Eve One Fund II L.P.)
Dispute Resolution. a. Any disputedisputes, controversy actions and proceedings against any party hereto or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when (the Arbitration Notice is submitted“Rules”) and as may be amended by this Section 7(a). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree on the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
b. Notwithstanding the constitution foregoing, the parties hereto hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this letter agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 7(a) in dispute and under adjudicationany way.
Appears in 15 contracts
Samples: Equity Commitment Letter (eHi Car Services LTD), Equity Commitment Letter (Ocean Imagination L.P.), Equity Commitment Letter (Taylor Andrew C)
Dispute Resolution. Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.1310.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 10.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 12 contracts
Samples: Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “arbitration rules of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 7.7 (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 7.7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 7.7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 7.7(a) in dispute and under adjudicationany way.
Appears in 10 contracts
Samples: Rollover and Contribution Agreement (LAIX Inc.), Rollover and Contribution Agreement (LAIX Inc.), Rollover and Contribution Agreement (LAIX Inc.)
Dispute Resolution. (i) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(ii) The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submittedsubmitted in accordance with the HKIAC Rules. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant Each party shall appoint one arbitrator and the respondent to such dispute shall each select one third arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and appointed by both parties with mutual agreement as the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third presiding arbitrator. If either party to no agreement can be reached within the arbitration fails to appoint an arbitrator with time period required by the Selection PeriodHKIAC Rules, the relevant appointment presiding arbitrator shall be made appointed by the chairman Chairman of the HKIAC. .
(iii) The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13Section, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 shall prevail. .
(iv) Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(v) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(vi) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong (without regard to principles of conflict of Laws thereunder) and shall not apply any other substantive Law.
(vii) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(viii) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 10 contracts
Samples: Share Purchase and Exchange Agreement (Missfresh LTD), Series E Preferred Share Purchase Agreement (Missfresh LTD), Series F Preferred Shares Purchase Agreement (Missfresh LTD)
Dispute Resolution. Any disputedisputes, controversy actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 9.9. The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodArbitration Rules of HKIAC, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending the constitution and waive any defenses to such enforcement based on lack of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationpersonal jurisdiction or inconvenient forum.
Appears in 10 contracts
Samples: Consortium Agreement (Qi Guosheng), Consortium Agreement (Cheung Siu Fai), Consortium Agreement (Right Advance Management Ltd.)
Dispute Resolution. Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.1310.12, including the provisions concerning the appointment of the arbitrators, this Section 9.13 10.12 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 10 contracts
Samples: Share Subscription Agreement (9F Inc.), Share Subscription Agreement (9F Inc.), Share Subscription Agreement (9F Inc.)
Dispute Resolution. Any dispute(a) Subject to Section 6.4, controversy Section 6.6, the last sentence of this Section 6.7(a) and Section 6.7(b), any disputes, actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 6.7 (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 6.7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 6.7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 6.7(a) in dispute and under adjudicationany way.
Appears in 10 contracts
Samples: Contribution and Support Agreement (Taylor Andrew C), Contribution and Support Agreement (Ctrip Investment Holding Ltd.), Contribution and Support Agreement (Ocean Imagination L.P.)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 8(a). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in this Section 8, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this letter agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 8(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 8(a) in dispute and under adjudicationany way.
Appears in 9 contracts
Samples: Equity Commitment Letter, Equity Commitment Letter (Giant Interactive Group Inc.), Equity Commitment Letter (Baring Asia Private Equity Fund v Co-Investment L.P.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) actions and proceedings against any Party arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 6.12 (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be English and the tribunal shall consist of three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one (1) Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one (1) Arbitrator; and a third (3rd) Arbitrator will be freely selected, nominated jointly by the first two (2) Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two (2) Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to (3rd) Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in Section 6.12(a), any Party may, to the extent permitted under the rules and procedures of the arbitral tribunalHKIAC, seek an interim injunction or other form of relief from the HKIAC as provided for in its Rules. During Such application shall also be governed by, and construed in accordance with, the course Laws of the arbitral tribunal’s adjudication State of New York.
(c) The Parties hereto agree that the obligations imposed on them in this Agreement are special, unique and of an extraordinary character and irreparable damage would occur if any of the Disputeprovisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. Accordingly, each Party to this Agreement (a) shall be entitled to an injunction or injunctions, specific performance and other equitable relief to prevent breaches or threatened breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in the forum described in this Section 6.12, without proof of damages or otherwise, this Agreement shall continue being in addition to be performed except with respect to any other remedy at law or in equity, and (b) hereby waives any requirement for the part posting of any bond or similar collateral in dispute connection therewith. Each Party hereto agrees that it will not oppose the granting of an injunction, specific performance and under adjudicationother equitable relief on the basis that (i) the other Party has an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or equity.
Appears in 8 contracts
Samples: Share Purchase Agreement (Centurium Capital Partners 2018, L.P.), Share Purchase Agreement (Centurium Capital Partners 2018, L.P.), Share Purchase Agreement (Centurium Capital Partners 2018, L.P.)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 7(a) (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in this Section 7, any party may, to the extent permitted under the rules and procedures of the arbitral tribunalHKIAC, seek an interim injunction or other form of relief from the HKIAC as provided for in its Rules. During Such application shall also be governed by, and construed in accordance with, the course laws of the arbitral tribunal’s adjudication State of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationNew York.
Appears in 8 contracts
Samples: Equity Commitment Letter (51job, Inc.), Equity Commitment Letter (51job, Inc.), Equity Commitment Letter (Yan Rick)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (of the “HKIAC Rules”) in force at the relevant time when (the Arbitration Notice is submitted“Rules”) and as may be amended by this Section 4.6(a). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree on the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 4.6, any Party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course Laws of Hong Kong, a court or authority hearing an application for injunctive relief may apply the procedural Law of the arbitral tribunal’s adjudication jurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of the Disputedoubt, this Agreement shall continue to be performed except with respect Section 4.6(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 4.6(a) in dispute and under adjudicationany way.
Appears in 8 contracts
Samples: Interim Investors Agreement, Interim Investors Agreement (Taylor Andrew C), Interim Investors Agreement (eHi Car Services LTD)
Dispute Resolution. Any dispute(a) Subject to Section 6.9(b), controversy any disputes, actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 6.9. The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC Tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings Tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 6.9, any Party may, to the extent permitted under the laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 6.9(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 6.9(a) in dispute any way.
(c) Each Party acknowledges and under adjudicationagrees that the other Parties would be irreparably injured by a breach of this Agreement by it and that money damages alone are an inadequate remedy for actual or threatened breach of this Agreement. Accordingly, each Party shall be entitled to bring an action for specific performance and/or injunctive or other equitable relief (without posting a bond or other security) to enforce or prevent any violations of any provision of this Agreement, in addition to all other rights and remedies available at law or in equity to such Party, including the right to claim money damages for breach of any provision of this Agreement.
Appears in 7 contracts
Samples: Share Purchase Agreement (Shanda Interactive Entertainment LTD), Share Purchase Agreement (Shanda Interactive Entertainment LTD), Share Purchase Agreement (Shanda Interactive Entertainment LTD)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 7(a) (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this letter agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 7(a) in dispute and under adjudicationany way.
Appears in 7 contracts
Samples: Equity Commitment Letter (WuXi PharmaTech (Cayman) Inc.), Equity Commitment Letter (WuXi PharmaTech (Cayman) Inc.), Equity Commitment Letter (WuXi PharmaTech (Cayman) Inc.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) actions and proceedings against any Party arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 6.9 (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be English and the tribunal shall consist of three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one (1) Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one (1) Arbitrator; and a third (3rd) Arbitrator will be freely selected, nominated jointly by the first two (2) Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two (2) Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to (3rd) Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in Section 6.9(a), any Party may, to the extent permitted under the rules and procedures of the arbitral tribunalHKIAC, seek an interim injunction or other form of relief from the HKIAC as provided for in its Rules. During Such application shall also be governed by, and construed in accordance with, the course Laws of the arbitral tribunal’s adjudication State of New York.
(c) The Parties hereto agree that the obligations imposed on them in this Agreement are special, unique and of an extraordinary character and irreparable damage would occur if any of the Disputeprovisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. Accordingly, each Party to this Agreement (a) shall be entitled to an injunction or injunctions, specific performance and other equitable relief to prevent breaches or threatened breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in the forum described in this Section 6.9, without proof of damages or otherwise, this Agreement shall continue being in addition to be performed except with respect to any other remedy at law or in equity, and (b) hereby waives any requirement for the part posting of any bond or similar collateral in dispute connection therewith. Each Party hereto agrees that it will not oppose the granting of an injunction, specific performance and under adjudicationother equitable relief on the basis that (i) any other Party has an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or equity.
Appears in 7 contracts
Samples: Share Purchase Agreement (Centurium Capital Partners 2018, L.P.), Share Purchase Agreement (Centurium Capital Partners 2018, L.P.), Share Purchase Agreement (Parfield International LTD)
Dispute Resolution. Any dispute, controversy or claim difference between the Parties arising out of, in connection with or relating to, this Agreement (each, a “Dispute”) arising out of or relating shall be resolved through arbitration pursuant to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Section 10.13. The arbitration shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration conducted in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force effect at the time when of the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongarbitration. There shall be three (3) arbitrators. The complainant Each of the following: (i) the claimant to the Dispute, or in the case of multiple claimants, all such claimants acting collectively (the “Claimant”) and (ii) the respondent to such dispute the Dispute, or in the case of more than one respondent, the respondents acting collectively (the “Respondent”) shall each select one arbitrator. The party commencing the arbitration shall nominate his arbitrator at the time of filing the demand for arbitration. The Respondent shall nominate his arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and neither the parties Claimant nor the Respondent shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. Each arbitrator shall be qualified to practice law in Hong Kong. If either party to the arbitration fails to does not appoint an arbitrator with within the Selection Periodtime set forth above or if there are more than one Claimant or one Respondent and the Claimant (or Respondent as the case may be) fails to agree on the selection of the same arbitrator between themselves as provided above, the relevant appointment or selection shall be made by the chairman of the HKIAC. The arbitral arbitration proceedings shall be conducted in English. To the extent that If the HKIAC Rules are in conflict with the provisions of this Section 9.13, 10.13 including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 10.13 shall prevail. Each party The arbitration tribunal shall decide any Dispute submitted by the Parties to the arbitration strictly in accordance with the substantive law of the Hong Kong and shall cooperate with each not apply any other party substantive law. In making their award, the arbitrators shall have the authority to award attorney’s fees and other costs and expenses of the arbitration in making full disclosure of as they deem just and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partyappropriate under the circumstances. The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing Parties, and the prevailing party any Party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute A Party shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 7 contracts
Samples: Series a Preferred Share Purchase Agreement (Luckin Coffee Inc.), Series B Preferred Share Purchase Agreement (Luckin Coffee Inc.), Additional Series B Preferred Share Purchase Agreement (Luckin Coffee Inc.)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 9.9 (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 9.9, any Party may, to the extent permitted under the rules and procedures of the arbitral tribunalHKIAC, seek an interim injunction or other form of relief from the HKIAC as provided for in its Rules. During Such application shall also be governed by, and construed in accordance with, the course laws of the arbitral tribunal’s adjudication State of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationNew York.
Appears in 7 contracts
Samples: Consortium Agreement, Consortium Agreement (Ctrip Com International LTD), Consortium Agreement (Ocean Imagination L.P.)
Dispute Resolution. Any dispute(a) Subject to Section 10.11, controversy any disputes, actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 10.10. The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 10.10, any Party may, to the extent permitted under the laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 10.10(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 10.11 in dispute and under adjudicationany way.
Appears in 7 contracts
Samples: Consortium Agreement (Zhou Xin), Consortium Agreement (Zhou Xin), Consortium Agreement (Guo Man)
Dispute Resolution. Any dispute(a) Subject to Section 10.11, controversy any disputes, actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 10.10. The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 10.10, any Party may, to the extent permitted under the laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course laws of the arbitral tribunal’s adjudication Hong Kong Special Administrative Region, a court or authority hearing an application for injunctive relief may apply the procedural law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 10.10(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 10.11 in dispute and under adjudicationany way.
Appears in 7 contracts
Samples: Consortium Agreement (Wu Hao), Consortium Agreement (Ding Kai), Consortium Agreement (Square LTD)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party the claimant to the dispute with notice (the “Arbitration Notice”) to the other. respondents(s) to the dispute.
(b) The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongsubmitted in accordance with the HKIAC Rules. There shall be three (3) arbitrators. The complainant and claimant(s) to the respondent to such dispute shall each jointly select one arbitrator and the respondent(s) to the dispute shall jointly select one arbitrator. All selections shall be made within thirty (30) 30 days after giving the selecting Party gives or receiving receives the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment who shall be made by the chairman of the HKIAC. qualified to practice law in Hong Kong.
(c) The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13Section, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 shall prevail. .
(d) Each party to the arbitration shall cooperate with each other party parties to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(e) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(f) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong (without regard to principles of conflict of Laws thereunder) and shall not apply any other substantive Law.
(g) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(h) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 7 contracts
Samples: Series C2 Preferred Share Purchase Agreement (Qutoutiao Inc.), Series C1 Preferred Share Purchase Agreement (Qutoutiao Inc.), Series C1 Preferred Share Purchase Agreement (Qutoutiao Inc.)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 6.1. The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 6, any Party may, to the extent permitted under the laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course laws of the arbitral tribunal’s adjudication Hong Kong Special Administrative Region, a court or authority hearing an application for injunctive relief may apply the procedural law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 6(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 6(a) in dispute and under adjudicationany way.
Appears in 6 contracts
Samples: Consortium Agreement (Wu Hao), Consortium Agreement (Ding Kai), Consortium Agreement (Square LTD)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall be referred resolved at the first instance through consultation between the parties to such Dispute. Such consultation shall begin immediately after any party has delivered written notice to any other party to the Dispute requesting such consultation.
(b) If the Dispute is not resolved within thirty (30) days following the date on which such notice is given, the Dispute shall be submitted to arbitration upon the demand request of either any party to the dispute Dispute with notice to each other party to the Dispute (the “Arbitration Notice”).
(c) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice Dispute is submitted. The seat of arbitration shall be Hong Kongsubmitted in accordance with the HKIAC Rules. There shall be three one (31) arbitratorsarbitrator. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC Council shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment who shall be made by the chairman of the HKIAC. qualified to practice law in Hong Kong.
(d) The arbitral arbitration proceedings shall be conducted in English. To the extent that If the HKIAC Rules are in conflict with the provisions of this Section 9.138.6, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 8.6 shall prevail. Each party .
(e) The arbitrator shall decide any dispute submitted by the parties to the arbitration tribunal strictly in accordance with the substantive Law of Hong Kong and shall cooperate with each not apply any other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. substantive Law.
(f) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal.
(g) The Parties to this Agreement agree to the consolidation of arbitrations under the Transaction Documents in accordance with the provisions of this Section 8.5.
(i) In the event of two or more arbitrations having been commenced under any of the Transaction Documents, the tribunal in the arbitration first filed (the “Principal Tribunal”) may in its sole discretion, upon the application of any party to the arbitrations, order that the proceedings be consolidated before the Principal Tribunal if (1) there are issues of fact and/or law common to the arbitrations, (2) the interests of justice and efficiency would be served by such a consolidation, and (3) no prejudice would be caused to any party in any material respect as a result of such consolidation, whether through undue delay or otherwise. Such application shall be made as soon as practicable and the party making such application shall give notice to the other parties to the arbitrations.
(ii) The Principal Tribunal shall be empowered to (but shall not be obliged to) order at its discretion, after inviting written (and where desired oral) representations from the parties that all or any of such arbitrations shall be consolidated or heard together and/or that the arbitrations be heard immediately after another and shall establish a procedure accordingly. All parties shall take such steps as are necessary to give effect and force to any orders of the Principal Tribunal.
(iii) If the Principal Tribunal makes an order for consolidation, it: (1) shall thereafter, to the exclusion of other arbitral tribunals, have jurisdiction to resolve all disputes forming part of the consolidation order; (2) shall order that notice of the consolidation order and its effect be given immediately to any arbitrators already appointed in relation to the disputes that were consolidated under the consolidation order; and (3) may also give such directions as it considers appropriate (i) to give effect to the consolidation and make provision for any costs which may result from it (including costs in any arbitration rendered functus officio under this Section 8.6); and (ii) to ensure the proper organization of the arbitration proceedings and that all the issues between the parties are properly formulated and resolved.
(iv) Upon the making of the consolidation order, any appointment of arbitrators relating to arbitrations that have been consolidated by the Principal Tribunal (except for the appointment of the arbitrators of the Principal Tribunal itself) shall for all purposes cease to have effect and such arbitrators are deemed to be functus officio, on and from the date of the consolidation order. Such cessation is without prejudice to (1) the validity of any acts done or orders made by such arbitrators before termination, (2) such arbitrators’ entitlement to be paid their proper fees and disbursements and (3) the date when any claim or defense was raised for the purpose of applying any limitation period or any like rule or provision.
(v) The Parties hereby waive any objections they may have as to the validity and/or enforcement of any arbitral awards made by the Principal Tribunal following the consolidation of disputes or arbitral proceedings in accordance with this Section 8.6 where such objections are based solely on the fact that consolidation of the same has occurred.
(h) During the course of the arbitral arbitration tribunal’s adjudication of the Disputedispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
(i) The award of the arbitration tribunal shall be final and binding upon the parties, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award.
Appears in 6 contracts
Samples: Share Purchase Agreement (eHi Car Services LTD), Share Purchase Agreement (eHi Car Services LTD), Share Purchase Agreement (eHi Car Services LTD)
Dispute Resolution. a. Any disputedisputes, controversy actions and proceedings against any party hereto or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “"HKIAC”") and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 7(a) (the Arbitration Notice is submitted"Rules"). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be English and the arbitration tribunal shall consist of three arbitrators (3) arbitratorseach, an "Arbitrator"). The complainant claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be nominated jointly by the respondent to such dispute first two Arbitrators and shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
b. Notwithstanding the constitution foregoing, the parties hereto hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this letter agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 7(a) in dispute and under adjudicationany way.
Appears in 6 contracts
Samples: Equity Commitment Letter, Equity Commitment Letter (Nord Anglia Education, Inc.), Equity Commitment Letter (Nord Anglia Education, Inc.)
Dispute Resolution. Any dispute, controversy or claim (each, a “Dispute”) The Bank and the successful Bidder shall use their best efforts to settle amicably all disputes arising out of or relating in connection with the Contract in the following manner:
a. The Party raising the dispute shall address to this Agreementthe other Party a notice requesting an amicable settlement of the dispute within [30] (Thirty) days of receipt of the notice.
b. The matter will be referred for negotiation between DGM(GAD) or any other officer designated by him of MSC Bank and Authorized representative of the successful Bidder. The matter shall then be resolved by them and the agreed course of action documented within a further period of [90] (Ninety) days. The Parties agree that any dispute between the Parties, which cannot be settled by negotiation in the manner, described above, may be resolved exclusively by arbitration. Arbitration shall be held in Mumbai, India and conducted in accordance with the provision of Arbitration and Conciliation Act, 1996 or any statutory modification or re- enactment thereof. The Bank shall appoint sole arbitrator and decision of such arbitrator shall be binding on the interpretationparties. The arbitration proceedings shall be conducted in English language. Subject to the above, breachthe courts of law at Mumbai alone shall have the jurisdiction in respect of all matters connected with the Contract. The arbitration award shall be final, terminationconclusive and binding upon the Parties and judgment may be entered thereon, validity or invalidity thereofupon the application of either Party to a court of competent jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including fees and expenses of the arbitrators, shall be referred to arbitration upon shared equally by the demand of either party to Parties unless the dispute with notice (the “Arbitration Notice”) to the otheraward otherwise provides. The Dispute successful Bidder shall not be settled by arbitration in Hong Kong by entitled to suspend the Hong Kong International Arbitration Centre (service(s) or the “HKIAC”completion of the job, pending resolution of any disputes between the Parties and shall continue, at the sole discretion of MSC Bank, to render the service(s) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (provisions of the “HKIAC Rules”) in force at Contract notwithstanding the time when existence of any dispute between the Arbitration Notice is submittedParties or the subsistence of any arbitration or other proceedings. The seat of arbitration provision under this section shall be Hong Kong. There shall be three (3) arbitrators. The complainant and survive the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationContract.
Appears in 6 contracts
Samples: Annual Maintenance Contract, Annual Maintenance Contract, Annual Maintenance Contract
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party any Party with notice to the dispute with notice other Parties.
(the “Arbitration Notice”b) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator, who shall be qualified to practice Law in Hong Kong. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. .
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.138.12, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 8.12 shall prevail. .
(d) The arbitrators shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive Law of Hong Kong and shall not apply any other substantive law.
(e) Each Party hereto shall cooperate with any party to the arbitration shall cooperate with each other party to the arbitration dispute in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. the Party receiving the request.
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and any party to the prevailing party dispute may apply to a court of competent jurisdiction for enforcement of such award. .
(g) Any party to the Dispute dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 6 contracts
Samples: Shareholder Agreements, Series D Preferred Share Purchase Agreement (Momo Inc.), Shareholders Agreement (Momo Inc.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) actions and proceedings against any Party arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 6.9 (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be English and the tribunal shall consist of three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one (1) Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one (1) Arbitrator; and a third (3rd) Arbitrator will be freely selected, nominated jointly by the first two (2) Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two (2) Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to (3rd) Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in Section 6.9(a), any Party may, to the extent permitted under the rules and procedures of the arbitral tribunalHKIAC, seek an interim injunction or other form of relief from the HKIAC as provided for in its Rules. During Such application shall also be governed by, and construed in accordance with, the course laws of the arbitral tribunal’s adjudication State of New York.
(c) The Parties hereto agree that the obligations imposed on them in this Agreement are special, unique and of an extraordinary character and irreparable damage would occur if any of the Disputeprovisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. Accordingly, each Party to this Agreement (a) shall be entitled to an injunction or injunctions, specific performance and other equitable relief to prevent breaches or threatened breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in the forum described in this Section 6.9, without proof of damages or otherwise, this Agreement shall continue being in addition to be performed except with respect to any other remedy at law or in equity, and (b) hereby waives any requirement for the part posting of any bond or similar collateral in dispute connection therewith. Each Party hereto agrees that it will not oppose the granting of an injunction, specific performance and under adjudicationother equitable relief on the basis that (i) any other Party has an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or equity.
Appears in 6 contracts
Samples: Share Purchase Agreement (CITIC Capital Holdings LTD), Share Purchase Agreement (PW Medtech Group LTD), Share Purchase Agreement (Parfield International LTD)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 3.6. The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 3.6, any Party may, to the extent permitted under the laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 3.6(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 3.6(a) in dispute and under adjudicationany way.
Appears in 6 contracts
Samples: Interim Investors Agreement, Interim Investors Agreement (Giant Interactive Group Inc.), Interim Investors Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)
Dispute Resolution. Section 6.1 Any disputedisputes, controversy actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 6.1 (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum
Section 6.2 Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 6.1, any Party may, to the extent permitted under the rules and procedures of the arbitral tribunalHKIAC, seek an interim injunction or other form of relief from the HKIAC as provided for in its Rules. During Such application shall also be governed by, and construed in accordance with, the course laws of the arbitral tribunal’s adjudication State of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationNew York.
Appears in 5 contracts
Samples: Consortium Agreement (Ctrip Com International LTD), Consortium Agreement (Ocean Imagination L.P.), Consortium Agreement (Ctrip Investment Holding Ltd.)
Dispute Resolution. (i) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(ii) The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submittedsubmitted in accordance with the HKIAC Rules. The seat of arbitration shall be Hong Kong. There shall be three one (31) arbitratorsarbitrator. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC Council shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment who shall be made by the chairman of the HKIAC. qualified to practice law in Hong Kong.
(iii) The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13Section, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 shall prevail. .
(iv) Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(v) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(vi) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong (without regard to principles of conflict of Laws thereunder) and shall not apply any other substantive Law.
(vii) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(viii) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 5 contracts
Samples: Series D+ Preferred Share and Warrant Purchase Agreement (WeRide Inc.), Series D Preferred Share and Warrant Purchase Agreement (WeRide Inc.), Series D+ Preferred Share and Warrant Purchase Agreement (WeRide Inc.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this AgreementDeed, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party the claimant to the dispute with notice (the “Arbitration Notice”) to the other. respondent(s) to the dispute.
(b) The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongsubmitted in accordance with the HKIAC Rules. There shall be three (3) arbitrators. The complainant and claimant(s) to the respondent to such dispute shall each jointly select one arbitrator and the respondent(s) to the dispute shall jointly select one arbitrator. All selections shall be made within thirty (30) 30 days after giving the selecting Party gives or receiving receives the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment who shall be made by the chairman of the HKIAC. qualified to practice law in Hong Kong.
(c) The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13Section, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 shall prevail. .
(d) Each party to the arbitration shall cooperate with each other party parties to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(e) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(f) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong, without regard to principles of conflict of laws thereunder, and shall not apply any other substantive Law.
(g) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, relief from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(h) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement Deed shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 5 contracts
Samples: Share Restriction Deed, Share Restriction Deed (Qutoutiao Inc.), Share Restriction Deed (Qutoutiao Inc.)
Dispute Resolution. 6.1 Any disputedisputes, controversy actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 6.1 (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
6.2 Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 6, any Party may, to the extent permitted under the laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 6.2 is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 6.1 in dispute and under adjudicationany way.
Appears in 5 contracts
Samples: Consortium Agreement (Yili Shengda Investment Holdings (Hong Kong) Co LTD), Consortium Agreement (Yili Shengda Investment Holdings (Hong Kong) Co LTD), Adherence Agreement (Yili Shengda Investment Holdings (Hong Kong) Co LTD)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereof, shall first be subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven days after one party to the dispute has delivered to the other party a written request for such consultation. If within thirty days following the commencement of such consultation the Dispute cannot be resolved, the Dispute shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(b) The Dispute shall be settled by arbitration in Hong Kong under the UNCITRAL Arbitration Rules in effect at the time of the commencement of the arbitration. The arbitration shall be administered by the Hong Kong International Arbitration Centre (the “Centre” or “HKIAC”) in accordance with the Hong Kong HKIAC Procedures for the Administration of International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force effect at the time when of the Arbitration Notice is submitted. The seat commencement of arbitration shall be Hong Kongthe arbitration. There shall be three (3) arbitrators. The complainant and Each party to the respondent to such dispute Dispute shall each select choose one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed listarbitrator. The chairman Secretary General of the HKIAC Centre shall select the third arbitrator, who shall be qualified to practice law in Hong Kong. If either party to any of the arbitration fails to appoint an arbitrator with members of the Selection Periodarbitral tribunal has not been appointed within thirty days after the Arbitration Notice is given, the relevant appointment shall be made by the chairman Secretary General of the HKIAC. Centre.
(c) The arbitral proceedings shall be conducted in English. To the extent that the UNCITRAL Arbitration Rules or HKIAC Rules Procedures for the Administration of International Arbitration are in conflict with the provisions of this Section 9.1310.3, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 10.3 shall prevail. .
(d) Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(e) The award of the arbitral tribunal shall be final and binding upon the parties theretoparties, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(f) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Law of Hong Kong and shall not apply any other substantive law.
(g) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(h) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 5 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (Xunlei LTD), Share Purchase Agreement (Xunlei LTD)
Dispute Resolution. (i) Any dispute, controversy controversy, difference or claim (each, a “Dispute”) arising out of or relating to this Agreement, or including the existence, validity, interpretation, breachperformance, terminationbreach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it (each, validity or invalidity thereof, a “Dispute”) shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled and finally resolved by arbitration in Hong Kong administered by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with under the Hong Kong International Arbitration Centre HKIAC Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Notice of Arbitration Notice is submitted. The seat of arbitration shall be in Hong Kong. There The number of arbitrators shall be three (3).
(ii) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Administered Arbitration Rules are in conflict with the provisions of this Section 9.1310.6, including the provisions concerning the appointment of the arbitrators, this Section 9.13 10.6 shall prevail.
(iii) The arbitration shall be conducted in English. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(iv) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(v) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong (without regard to principles of conflict of Laws thereunder) and shall not apply any other substantive Law.
(vi) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During .
(vii) Unless otherwise ruled by the course arbitration award, the cost of arbitration and the arbitral tribunalattorney’s adjudication of fees shall be borne by the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationnon-prevailing party.
Appears in 5 contracts
Samples: Shareholders Agreement (ZKH Group LTD), Shareholders Agreement (ZKH Group LTD), Shareholders Agreement (ZKH Group LTD)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall be referred resolved through consultation. Such consultation shall begin immediately after one party hereto has delivered to the other party hereto a written request for such consultation. If within 30 days following the date on which such notice is given the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(b) The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIACCentre”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitratorsone arbitrator. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selectedjointly appointed by the disputing parties or, and failing which the parties shall not be limited in their selection to any prescribed list. The chairman Secretary-General of the HKIAC Centre shall select appoint the third arbitrator. If either party to the .
(c) The arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that UNCITRAL Arbitration Rules as administered by the HKIAC Rules are in conflict with Centre at the provisions of this Section 9.13, including the provisions concerning the appointment time of the arbitrators, this Section 9.13 arbitration.
(d) The arbitrator shall prevail. Each party decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive laws of Hong Kong and shall not apply any other substantive law.
(e) Each party shall cooperate with each the other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such the other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. .
(f) In the course of arbitration, the Parties shall continue to implement the terms of this Agreement except (as between the disputing parties) for the matters under arbitration.
(g) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any .
(h) Either party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, relief from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 5 contracts
Samples: Share Subscription Agreement (Bona Film Group LTD), Series B Preferred Share Subscription Agreement (Bona Film Group LTD), Shareholder Agreement (Bona Film Group LTD)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “arbitration rules of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 7(a) (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction or order from a court or other authority with competent jurisdiction and, notwithstanding that this letter agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for such relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction or order. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 7(b) is only applicable to the part seeking of interim injunctions or orders and does not otherwise restrict the application of Section 7(a) in dispute and under adjudicationany way.
Appears in 5 contracts
Samples: Equity Commitment Letter (iKang Healthcare Group, Inc.), Equity Commitment Letter (iKang Healthcare Group, Inc.), Equity Commitment Letter (iKang Healthcare Group, Inc.)
Dispute Resolution. Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute may be submitted to arbitration at any time following such thirty (30) day period upon the demand request of either party any Party with notice to the dispute with notice (the “Arbitration Notice”) to the otherother Parties. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator, who shall be qualified to practice Law in Hong Kong. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. The arbitral proceedings arbitration shall be conducted in EnglishChinese. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment The decision of the arbitratorsarbitration tribunal shall be final, this Section 9.13 shall prevailconclusive and binding on the parties to the arbitration. Each party Judgment may be entered on the arbitration tribunal’s decision in any court having jurisdiction. The parties to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award pay an equal share of the arbitral tribunal shall be final costs and binding upon the parties theretoexpenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the prevailing party may apply to a court of competent jurisdiction for enforcement of in any such award. Any party to the Dispute arbitration shall be entitled to seek preliminary injunctive recover from the non-prevailing party its reasonable costs and attorney fees. The parties acknowledge and agree that, in addition to contract damages, the arbitrators may award provisional and final equitable relief, if possibleincluding injunctions, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Disputespecific performance, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationlost profits.
Appears in 5 contracts
Samples: Series B Share Purchase Agreement (Meili Auto Holdings LTD), Share Purchase Agreement (Meili Auto Holdings LTD), Shareholder Agreement (Meili Auto Holdings LTD)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall be referred resolved at the first instance through consultation between the parties to such Dispute. Such consultation shall begin immediately after any party has delivered written notice to any other party to the Dispute requesting such consultation.
(b) If the Dispute is not resolved within thirty (30) days following the date on which such notice is given, the Dispute shall be submitted to arbitration upon the demand request of either any party to the dispute Dispute with notice to each other party to the Dispute (the “Arbitration Notice”).
(c) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice Dispute is submitted. The seat of arbitration shall be Hong Kongsubmitted in accordance with the HKIAC Rules. There shall be three one (31) arbitratorsarbitrator. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC Council shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment who shall be made by the chairman of the HKIAC. qualified to practice law in Hong Kong..
(d) The arbitral arbitration proceedings shall be conducted in English. To the extent that The arbitration tribunal shall apply the HKIAC Rules Administered Arbitration Rules, as in effect at the time of the commencement of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.1314.2, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 14.2 shall prevail. Each party .
(e) The arbitrator shall decide any dispute submitted by the parties to the arbitration tribunal strictly in accordance with the substantive Law of Hong Kong and shall cooperate with each not apply any other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. substantive Law.
(f) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal.
(g) The Parties to this Agreement agree to the consolidation of arbitrations under the Transaction Documents in accordance with the provisions of this Section 14.2.
(i) In the event of two or more arbitrations having been commenced under any of the Transaction Documents, the tribunal in the arbitration first filed (the “Principal Tribunal”) may in its sole discretion, upon the application of any party to the arbitrations, order that the proceedings be consolidated before the Principal Tribunal if (1) there are issues of fact and/or law common to the arbitrations, (2) the interests of justice and efficiency would be served by such a consolidation, and (3) no prejudice would be caused to any party in any material respect as a result of such consolidation, whether through undue delay or otherwise. Such application shall be made as soon as practicable and the party making such application shall give notice to the other parties to the arbitrations.
(ii) The Principal Tribunal shall be empowered to (but shall not be obliged to) order at its discretion, after inviting written (and where desired oral) representations from the parties that all or any of such arbitrations shall be consolidated or heard together and/or that the arbitrations be heard immediately after another and shall establish a procedure accordingly. All parties shall take such steps as are necessary to give effect and force to any orders of the Principal Tribunal.
(iii) If the Principal Tribunal makes an order for consolidation, it: (1) shall thereafter, to the exclusion of other arbitral tribunals, have jurisdiction to resolve all disputes forming part of the consolidation order; (2) shall order that notice of the consolidation order and its effect be given immediately to any arbitrators already appointed in relation to the disputes that were consolidated under the consolidation order; and (3) may also give such directions as it considers appropriate (i) to give effect to the consolidation and make provision for any costs which may result from it (including costs in any arbitration rendered functus officio under this Section 14.2); and (ii) to ensure the proper organization of the arbitration proceedings and that all the issues between the parties are properly formulated and resolved.
(iv) Upon the making of the consolidation order, any appointment of arbitrators relating to arbitrations that have been consolidated by the Principal Tribunal (except for the appointment of the arbitrators of the Principal Tribunal itself) shall for all purposes cease to have effect and such arbitrators are deemed to be functus officio, on and from the date of the consolidation order. Such cessation is without prejudice to (1) the validity of any acts done or orders made by such arbitrators before termination, (2) such arbitrators’ entitlement to be paid their proper fees and disbursements and (3) the date when any claim or defense was raised for the purpose of applying any limitation period or any like rule or provision.
(v) The Parties hereby waive any objections they may have as to the validity and/or enforcement of any arbitral awards made by the Principal Tribunal following the consolidation of disputes or arbitral proceedings in accordance with this Section 14.2 where such objections are based solely on the fact that consolidation of the same has occurred.
(h) During the course of the arbitral arbitration tribunal’s adjudication of the Disputedispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
(i) The award of the arbitration tribunal shall be final and binding upon the parties, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award.
Appears in 5 contracts
Samples: Share Purchase Agreement (eHi Car Services LTD), Investors’ Rights Agreement (eHi Car Services LTD), Share Purchase Agreement (eHi Car Services LTD)
Dispute Resolution. Any dispute, controversy or claim (each, a “Dispute”a) In the event of any dispute arising out of or relating to in connection with this Agreement, or the interpretation, including any question regarding its breach, terminationexistence, validity validity, or invalidity thereoftermination (“Dispute”), the parties shall in good faith attempt to resolve such Dispute as soon as practicable after the complaining party provides notice of such Dispute. In the event that the Dispute is not resolved between the parties within five (5) business days after receipt of such notice, on the request of the party raising the Dispute, the Dispute shall be referred to and finally resolved by arbitration upon under the demand Rules of either party to Arbitration of the dispute with notice International Chamber of Commerce (the “Arbitration NoticeICC”) to then in effect. There shall be three arbitrators, one nominated by the otherinitiating party and the second nominated by the other party, each within fifteen (15) days of receipt of the request for arbitration; the third, who shall act as the chair of the arbitral tribunal, shall be nominated by the two selected arbitrators within twenty (20) days of the confirmation of the second arbitrator. If any arbitrators are not nominated within these time periods, the ICC International Court of Arbitration shall make the appointment(s). The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat place of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman language of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To The arbitral tribunal shall apply the extent that International Bar Association Rules on the HKIAC Rules are Taking of Evidence in conflict with the provisions of International Arbitration (2010). The arbitrators may award any relief permitted under this Section 9.13Agreement and applicable law; however they may not award punitive, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partyexemplary or multiple damages. The award shall be rendered within eight (8) months from the selection of the chair of the arbitral tribunal, unless the parties agree to extend this time limit or the arbitral tribunal determines that the interest of justice so requires. The award shall be final and binding upon the parties theretoas from the date rendered, and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues, or accounting presented to the arbitral tribunal. This Agreement and the rights and obligations of the parties shall remain in full force and effect pending the award in any arbitration proceeding hereunder. The parties agree that any party to this Agreement shall have the right to have recourse to and shall be bound by the Pre-arbitral Referee Procedure of the ICC in accordance with its Rules for a Pre-Arbitral Referee Procedure.
(b) The parties hereto shall initially split the costs of arbitration evenly. The prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute in arbitration shall be entitled to seek preliminary injunctive reliefrecover from the other party all costs, if possibleincluding of arbitration, from any court of competent jurisdiction pending and attorneys’ fees incurred in connection with the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationarbitration.
Appears in 5 contracts
Samples: Shareholder Agreement, Shareholder Agreement (Xunlei LTD), Shareholder Agreements (Xunlei LTD)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall be referred to arbitration upon the demand of either resolved through consultation. Such consultation shall begin immediately after one party hereto has delivered to the other parties hereto a written request for such consultation. If within thirty (30) days following the date on which such written request is given the dispute with notice (cannot be resolved, the “Arbitration Notice”) to the other. The Dispute dispute shall be settled by arbitration in Hong Kong by under the UNCITRAL Arbitration Rules in accordance with the HKIAC Procedures for the Administration of International Arbitration in force as at the date of this Agreement to the extent not conflicting with the provisions of this Section 8.14.
(b) The arbitration shall be conducted in Hong Kong under the auspices of the Hong Kong International Arbitration Centre (the “HKIACCentre”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant Investor and the respondent to such dispute Investees hereto shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC Centre shall select the third arbitrator, who shall be qualified to practice law in the State of New York. If either party to the arbitration fails to any Party does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. Centre.
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitrators shall decide any dispute submitted by the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party parties to the arbitration strictly in accordance with the substantive law of The State of New York and shall not apply any other substantive law.
(d) Each party hereto shall cooperate with each the other party to the arbitration parties in making full disclosure of and providing complete access to all information and documents requested by such the other party parties in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. .
(e) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and the prevailing each party may apply to a court of competent jurisdiction for enforcement of such award. Any .
(f) Each party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral arbitration tribunal. During the course [The remainder of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.page has been left intentionally blank; signatures follow]
Appears in 4 contracts
Samples: Investment Agreement (China Mass Media International Advertising Corp.), Investment Agreement (China Mass Media International Advertising Corp.), Investment Agreement (China Mass Media International Advertising Corp.)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 7(a) (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 7, any party may, to the extent permitted under the rules and procedures of the arbitral tribunalHKIAC, seek an interim injunction or other form of relief from the HKIAC as provided for in its Rules. During Such application shall also be governed by, and construed in accordance with, the course laws of the arbitral tribunal’s adjudication State of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationNew York.
Appears in 4 contracts
Samples: Equity Commitment Letter (58.com Inc.), Equity Commitment Letter (58.com Inc.), Equity Commitment Letter (General Atlantic LLC)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party any Party with notice to the dispute with notice other Parties.
(the “Arbitration Notice”b) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator, who shall be qualified to practice Law in Hong Kong. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. .
(c) The arbitral arbitration proceedings shall be conducted in EnglishChinese. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.138.12, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 8.12 shall prevail. .
(d) The arbitrators shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive Law of Hong Kong and shall not apply any other substantive law.
(e) Each Party hereto shall cooperate with any party to the arbitration shall cooperate with each other party to the arbitration dispute in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. the Party receiving the request.
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and any party to the prevailing party dispute may apply to a court of competent jurisdiction for enforcement of such award. .
(g) Any party to the Dispute dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 4 contracts
Samples: Shareholder Agreement (Lizhi Inc.), Shareholder Agreement (Lizhi Inc.), Series C Preferred Share Purchase Agreement (Momo Inc.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party any Party with notice to the dispute with notice other Parties.
(the “Arbitration Notice”b) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and the respondent to involved in such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator, who shall be qualified to practice law in the Hong Kong and fluent in English and Mandarin. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. .
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.1311.2, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 11.2 shall prevail. .
(d) The arbitrators shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive law of the Hong Kong and shall not apply any other substantive law.
(e) Each Party hereto shall cooperate with any party to the arbitration shall cooperate with each other party to the arbitration dispute in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on the Party receiving the request; all such party. requested information and documents can be provided in English or Chinese with equal legal validity.
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and any party to the prevailing party dispute may apply to a court of competent jurisdiction for enforcement of such award. .
(g) Any party to the Dispute dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 4 contracts
Samples: Shareholders Agreement (Nobao Renewable Energy Holdings LTD), Series a 1 Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Shareholder Agreement (Nobao Renewable Energy Holdings LTD)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (of the “HKIAC Rules”) in force at the relevant time when (the Arbitration Notice is submitted“Rules”) and as may be amended by this Section 3.6(a). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree on the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 3.6, any Party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course Laws of Hong Kong, a court or authority hearing an application for injunctive relief may apply the procedural Law of the arbitral tribunal’s adjudication jurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of the Disputedoubt, this Agreement shall continue to be performed except with respect Section 3.6(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 3.6(a) in dispute and under adjudicationany way.
Appears in 4 contracts
Samples: Interim Investors Agreement (Dongfeng Asset Management Co. Ltd.), Interim Investors Agreement (Zhang Ray Ruiping), Interim Investors Agreement (Taylor Andrew C)
Dispute Resolution. Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one (1) arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third (3rd) arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.1310.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 10.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 4 contracts
Samples: Share Subscription Agreement, Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when (the Arbitration Notice is submitted“Rules”) and as may be amended by this Section 6.7. The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 6.7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 6.7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 6.7(a) in dispute and under adjudicationany way.
Appears in 4 contracts
Samples: Support Agreement (Cnshangquan E-Commerce Co., Ltd.), Support Agreement (ChinaEquity USD Fund I L.P.), Support Agreement (ChinaEquity USD Fund I L.P.)
Dispute Resolution. (i) Any dispute, controversy or, claim or claim difference of any kind whatsoever arising out of, relating to or in connection with this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof (each, a the “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled and finally resolved by arbitration in Hong Kong by at the Hong Kong International Arbitration Centre Center (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre HKIAC Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when of the Arbitration Notice is submittedcommencement of the arbitration. To the extent such rules are in conflict with the provisions of this Section 9.2, including the provisions concerning the appointment of arbitrators, this Section 9.2 shall prevail.
(ii) The seat of arbitration shall be Hong Kong. .
(iii) There shall be three (3) arbitrators. The complainant claimant and respondent shall each nominate one (1) arbitrator and the respondent to such dispute shall each select one third arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made appointed by the chairman of the HKIAC. The arbitral proceedings arbitration shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. English language.
(iv) Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(v) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award.
(vi) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong (without regard to principles of conflict of Laws thereunder) and shall not apply any other substantive Law.
(vii) The Parties agree that the arbitral tribunal shall have the power to award equitable remedies (including specific performance). Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, interim measures of protection and emergency relief in aid of arbitration from any court of competent jurisdiction pending jurisdiction. Application for such protective or similar emergency interim relief shall not be deemed inconsistent with the constitution agreement to arbitrate or deemed a waiver of the arbitral tribunal. right to arbitrate.
(viii) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 4 contracts
Samples: Put Option Agreement (Lotus Technology Inc.), Put Option Agreement (Lotus Technology Inc.), Put Option Agreement (Lotus Technology Inc.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party any Party with notice to the dispute with notice other Parties.
(the “Arbitration Notice”b) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. .
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.138.15, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 8.15 shall prevail. .
(d) The arbitrators shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive Law of Hong Kong and shall not apply any other substantive law.
(e) Each Party hereto shall cooperate with any party to the arbitration shall cooperate with each other party to the arbitration dispute in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. the Party receiving the request.
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and any party to the prevailing party dispute may apply to a court of competent jurisdiction for enforcement of such award. .
(g) Any party to the Dispute dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 4 contracts
Samples: Series B Preferred Share Purchase Agreement (Burning Rock Biotech LTD), Series A+ Preferred Share Purchase Agreement (Burning Rock Biotech LTD), Series a Preferred Share Purchase Agreement (Burning Rock Biotech LTD)
Dispute Resolution. Any disputea) Without prejudice to the rights of the Lender under any Applicable Laws, controversy any disputes, differences and or claim (each, a “Dispute”) arising out of or relating to claims under this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Terms shall be referred to arbitration upon by sole arbitrator jointly appointed by Growth Source and the demand of either party Borrower. If Growth Source and the Borrower fail to appoint the dispute with notice arbitrator within 30 (thirty) days then, the “Arbitration Notice”) to High Court shall appoint the othersole arbitrator. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat proceedings of such arbitration shall be Hong Kong. There governed by the provisions of the Arbitration and Conciliation Act of 1996 (as amended from time to time) and notwithstanding the seat and venue shall be three (3) arbitratorsMumbai or arbitration may be held at place chosen by the Lender which may include the place in which its office is located. The complainant In the event of incapacity or resignation or death of the sole arbitrator so appointed, the Lender and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators Borrower shall be freely selectedentitled to jointly appoint another arbitrator in place of the earlier arbitrator, and the parties proceedings shall not be limited in their selection to any prescribed listcontinue from the stage at which the predecessor had left. The chairman of the HKIAC Parties shall select the third arbitrator. If either party be entitled to apply to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made competent courts for interim or interlocutory relief in respect of such arbitration.
b) The award given by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal sole arbitrator shall be final and binding upon on the parties theretoParties. The cost of the arbitration shall be borne by the Parties, in accordance with the award passed by the sole arbitrator.
c) In addition to aforesaid, the Borrower hereby agrees and confirms that the Lender shall be permitted to invoke the provisions of the SARFAESI, DRT, or IBC and any amendments thereto as may be applicable in order to recover all the Outstanding Obligations and dues under this Terms from the Borrower, the Promoter, the Security Providers, and, or, the Guarantors, if any, or any other Person and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute Lender shall be stand absolutely entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution exercise such rights and remedies thereunder irrespective of the initiation, pendency, or continuation of any other arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationor other proceedings.
Appears in 4 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party any Party with notice to the dispute with notice other Parties.
(the “Arbitration Notice”b) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman of the HKIAC. .
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.138.15, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 8.15 shall prevail. .
(d) The arbitrators shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive Law of Hong Kong and shall not apply any other substantive law.
(e) Each Party hereto shall cooperate with any party to the arbitration shall cooperate with each other party to the arbitration dispute in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. the Party receiving the request.
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and any party to the prevailing party dispute may apply to a court of competent jurisdiction for enforcement of such award. .
(g) Any party to the Dispute dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 4 contracts
Samples: Preferred Share Purchase Agreement (Burning Rock Biotech LTD), Series C Preferred Share Purchase Agreement (Burning Rock Biotech LTD), Preferred Share Purchase Agreement (Burning Rock Biotech LTD)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 7(a). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in this Section 7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this letter agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 7(a) in dispute and under adjudicationany way.
Appears in 4 contracts
Samples: Equity Commitment Letter (Giant Interactive Group Inc.), Equity Commitment Letter (Baring Asia Private Equity Fund v Co-Investment L.P.), Equity Commitment Letter (Shi Yuzhu)
Dispute Resolution. Any dispute(a) Subject to the last sentence of this Section 7(a), controversy any disputes, actions and proceedings against any party hereto or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules of HKIAC (the “HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 7(a). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be English and the arbitration tribunal shall consist of three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one (1) Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one (1) Arbitrator; and a third (3rd) Arbitrator will be freely selected, nominated jointly by the first two (2) Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two (2) Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to (3rd) Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in this Section 7, any party hereto may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this letter agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 7(a) in dispute and under adjudicationany way.
Appears in 4 contracts
Samples: Equity Commitment Letter (Weidong Yin), Equity Commitment Letter (Weidong Yin), Equity Commitment Letter (Weidong Yin)
Dispute Resolution. Any dispute, controversy or claim difference between the parties hereto arising out of, in connection with or relating to, this Agreement (each, a “Dispute”) arising out of or relating shall be resolved through arbitration pursuant to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Section 15. The arbitration shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration conducted in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force effect at the time when of the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongarbitration. There shall be three (3) arbitrators. The complainant Each of the following: (i) the claimant to the Dispute, or in the case of multiple claimants, all such claimants acting collectively (the “Claimant”) and (ii) the respondent to such dispute the Dispute, or in the case of more than one respondent, the respondents acting collectively (the “Respondent”) shall each select one arbitrator. The party commencing the arbitration shall nominate his arbitrator at the time of filing the demand for arbitration. The Respondent shall nominate his arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and neither the parties Claimant nor the Respondent shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. Each arbitrator shall be qualified to practice law in Hong Kong. If either party to the arbitration fails to does not appoint an arbitrator with within the Selection Periodtime set forth above or if there are more than one Claimant or one Respondent and the Claimant (or Respondent as the case may be) fails to agree on the selection of the same arbitrator between themselves as provided above, the relevant appointment or selection shall be made by the chairman of the HKIAC. The arbitral arbitration proceedings shall be conducted in English. To the extent that If the HKIAC Rules are in conflict with the provisions of this Section 9.13, 15 including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 15 shall prevail. Each party The arbitration tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive law of the Hong Kong and shall cooperate with each not apply any other party substantive law. In making their award, the arbitrators shall have the authority to award attorney’s fees and other costs and expenses of the arbitration in making full disclosure of as they deem just and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partyappropriate under the circumstances. The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and the prevailing any party may apply to a court of competent jurisdiction for enforcement of such award. Any A party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 4 contracts
Samples: Indemnification Agreement (Ucommune International LTD), Indemnification Agreement (Ucommune Group Holdings LTD), Indemnification Agreement (Luckin Coffee Inc.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall be referred resolved through consultation. Such consultation shall begin immediately after one party hereto has delivered to the other parties hereto a written request for such consultation. If within thirty (30) days following the date on which such notice is given the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either any party with notice to the dispute with notice other parties.
(the “Arbitration Notice”b) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIACCentre”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant Each opposing party to a dispute shall be entitled to appoint one arbitrator (where there are more than one party to one side of the dispute, the parties whose interests are aligned shall jointly appoint one arbitrator), and the respondent to third arbitrator shall be jointly appointed by the disputing parties or, failing such dispute shall each select one arbitrator within agreement by thirty (30) days after giving or receiving the demand for arbitration (appointment by each party of its arbitrator, the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman appointment of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman Secretary General of the HKIAC. Centre.
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules United Nations Commission on International Trade Law, as in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.1310.9, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 10.9 shall prevail. .
(d) The arbitrators shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive law of the State of New York and shall not apply any other substantive law.
(e) Each party to the an arbitration hereunder shall cooperate with each the other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such the other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. .
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any In the event of any failure of a party to this Agreement to comply with the Dispute award of the arbitration tribunal, the non-complying party shall be liable to the other parties for all reasonable costs and expenses of such enforcement.
(g) Either party shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During , but such relief shall only be sought on the course ground that the award to which the party may be entitled would be ineffectual without interim relief.
(h) The costs of arbitration shall be borne by the arbitral losing party(ies), unless otherwise determined by the arbitration tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 4 contracts
Samples: Share Purchase Agreement (iQIYI, Inc.), Share Purchase Agreement (iQIYI, Inc.), Note Purchase Agreement (iQIYI, Inc.)
Dispute Resolution. Any dispute, controversy or claim (each, each a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.1310.12, including the provisions concerning the appointment of the arbitrators, this Section 9.13 10.12 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 4 contracts
Samples: Share Purchase Agreement (DouYu International Holdings LTD), Series E Preferred Share Purchase Agreement (DouYu International Holdings LTD), Series E Preferred Share Purchase Agreement (DouYu International Holdings LTD)
Dispute Resolution. Any disputeThe Parties shall, controversy or claim (eachin good faith, a “Dispute”) attempt to amicably resolve any disputes arising out of or relating to under this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party agreement first via mediation according to the dispute with notice ADR rules of the International Chamber of Commerce (the “Arbitration Notice”ICC), and, failing mediation within four (4) weeks of a request for mediation has been made, via binding arbitration according to the otherrules of the ICC. The Dispute arbitral tribunal shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat consist of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one If a Party does not appoint its arbitrator within thirty (30) days after giving or receiving [***] following the demand for arbitration (expiry of the “Selection Period”). Such arbitrators allotted period, then such arbitrator shall be freely selected, and selected in accordance with the parties shall not be limited in their selection to any prescribed listICC Rules. The chairman arbitrators may permit limited discovery as they deem appropriate in the circumstances of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIACdispute. The arbitral proceedings arbitration shall be conducted in the Hague, the Netherlands, and all documents submitted to the arbitrators shall be, in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13The arbitrators shall have no power to award punitive, including the provisions concerning the appointment of the arbitratorsspecial, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partyincidental or consequential damages. The arbitrator’s decision and award of the arbitral tribunal shall be final and binding upon all Parties. Unless otherwise determined by the parties theretoarbitrators, each Party shall bear its own costs for its counsel and other expenses, and the prevailing party Parties shall equally share the costs of the arbitration. Judgment upon the award rendered by arbitration may apply be issued and enforced by any court having competent jurisdiction. This Section 18.13 shall not prevent the Parties, in order to protect its rights, from unilaterally seeking interim injunction or other forms of preliminary relief before the competent courts of a court concerned jurisdiction and in accordance with the laws of competent jurisdiction for enforcement of such awardsaid court. Any party Disputes concerning the NIH License and/or payments due thereunder shall be subject to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution Section 14.12 of the arbitral tribunal. During the course NIH License if one of the arbitral tribunal’s adjudication parties to the dispute is the licensor of the Dispute, this Agreement shall continue to be performed except with respect NIH License or if the issue concerns an obligation or duty owned to the part in dispute and under adjudicationlicensor of the NIH License.
Appears in 3 contracts
Samples: Collaboration and License Agreement (Bavarian Nordic a/S / ADR), Collaboration and License Agreement (Bavarian Nordic a/S / ADR), Collaboration and License Agreement (Bavarian Nordic a/S / ADR)
Dispute Resolution. a. Any disputedisputes, controversy actions and proceedings against any party hereto or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when (the Arbitration Notice is submitted“Rules”) and as may be amended by this Section 8(a). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree on the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
b. Notwithstanding the constitution foregoing, the parties hereto hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 8, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this letter agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 8(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 8(a) in dispute and under adjudicationany way.
Appears in 3 contracts
Samples: Equity Commitment Letter (Taylor Andrew C), Equity Commitment Letter (eHi Car Services LTD), Equity Commitment Letter (eHi Car Services LTD)
Dispute Resolution. Any disputeThe Parties hereto agree to use reasonable efforts to resolve any disputes arising out of or relating to this Agreement through consultation. In the event that the parties are unable to resolve a dispute arising hereunder within thirty (30) days after the issuance of notice with respect to the aforementioned consultation by any Party hereof to any other Party, controversy such dispute (including any dispute relating to the existence, validity, interpretation, performance, breach or claim (each, a “Dispute”) termination of this Agreement or any dispute regarding non-contractual obligations arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, ) shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled and finally resolved by arbitration in Hong Kong administered by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with under the Hong Kong International Arbitration Centre HKIAC Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice notice of arbitration is submitted. The seat of arbitration shall be Hong Kong. There The number of arbitrators shall be three (3) arbitrators). The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. The governing law of this arbitration clause shall be the Laws of Hong Kong. The parties hereto agree that any award rendered by the arbitral tribunal may be enforced by any court having jurisdiction over the parties or over the parties’ assets wherever the same may be located. All fees, costs and expenses (including attorney’s fees and expenses) incurred by any Party in connection with the arbitration shall be borne by the losing Party, or the Party as designated by the tribunal. To the extent that the HKIAC Rules are any Party has or hereafter may acquire any immunity (sovereign or otherwise) from any legal action, suit or proceeding, from jurisdiction or any court or from set-off or any legal process (whether service or notice, attachment prior to judgment, execution of judgment or otherwise) with respect to itself or any of its assets, whether or not held for its own account, such Party hereby irrevocably and unconditionally waives and agrees not to plead or claim such immunity in conflict with the provisions any disputes arising out of or relating to this Agreement. Nothing in this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal 14.14 shall be final and binding upon the parties theretoconstrued as preventing any Party from seeking an injunction, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from temporary restraining order or other equitable relief in any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue pursuant to be performed except with respect to the part in dispute and under adjudicationSection 14.14.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (XCHG LTD), Investors’ Rights Agreement (XCHG LTD), Investors’ Rights Agreement (XCHG LTD)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of of, in connection with or relating to this Agreement, or including the interpretation, breachvalidity, terminationinvalidity, validity breach or invalidity thereoftermination hereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration.
(b) The arbitration shall be conducted in Hong Kong by at the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules then in effect, which rules are deemed to be incorporated by reference into this subsection (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongb). There shall be three (3) arbitrators. The complainant Each Party has the right to appoint one arbitrator and the respondent to such dispute shall each select one third arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and appointed by the parties shall not be limited in their selection to any prescribed listHong Kong International Arbitration Centre. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. English language.
(c) Each party to the arbitration Party shall cooperate with each the other party to the arbitration in making full disclosure of and providing complete access to all information and documents reasonably requested by such the other party that are relevant and material to the matters in dispute in connection with such arbitral arbitration proceedings, subject only to any doctrine of legal privilege or any confidentiality obligations binding on such party. Party.
(d) The costs of arbitration shall be borne by the losing Party, unless otherwise determined by the arbitration tribunal.
(e) When any dispute occurs and when any dispute is under arbitration, except for the matters in dispute, the Parties shall continue to fulfill their respective obligations and shall be entitled to exercise their rights under this Agreement.
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretoParties absent manifest error, and the prevailing party Party may apply to a court of competent jurisdiction for enforcement of such award. Any party .
(g) The Parties understand and agree that this provision regarding arbitration shall not prevent any Party from pursuing preliminary equitable or injunctive relief in a judicial forum pending arbitration in order to compel another Party to comply with this provision, to preserve the status quo prior to the Dispute invocation of arbitration under this provision, or to prevent or halt actions that may result in irreparable harm. A request for such equitable or injunctive relief shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, not waive this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationarbitration provision.
Appears in 3 contracts
Samples: Investor Rights Agreement (Meituan Dianping), Investor Rights Agreement (Meituan Dianping), Investor Rights Agreement (Li Auto Inc.)
Dispute Resolution. 9.1 Arbitration Any dispute, controversy and all disputes or claim (each, a “Dispute”) differences between LICENSOR / CMRL and the LICENSEE arising out of or relating in connection with the License shall, so far as it is possible, be settled amicably through consultation and negotiation in good faith undertaken under the general supervision and direction provided by the Managing Director of LICENSOR/ CMRL;
a) If the negotiations undertaken pursuant to this non-payment of License Fee or breach of contract, do not resolve the dispute to the reasonable satisfaction of Parties, within 45 (forty five) days then the dispute shall be submitted to final and binding arbitration at the request of either of the Parties upon written notice to that effect to the other Party.
b) Such arbitration shall be held in accordance with the provisions of Arbitration and Conciliation Act, 1996, and shall be held at Chennai. All proceedings of such arbitration shall be in the English language;
c) A Panel of Arbitrators will be nominated by Director of the LICENSOR / CMRL on receipt of such request from either party, after signing of the Agreement, or the interpretation, breach, termination, validity or invalidity thereof, . Matters to be arbitrated upon shall be referred to arbitration upon a Sole Arbitrator if the demand total value of either party the claim is upto Rs. 50 lakhs and to a panel of three Arbitrators, if total value of the dispute claim is more than Rs. 50 Lakhs. LICENSOR /CMRL shall provide three Arbitrators which may also include officers of the LICENSOR not less than the rank of CGM, unconnected with notice (the “Arbitration Notice”) subject contract for the claims up to Rs. 50 Lakhs and a Panel of five Arbitrators which may also include officers of the otherLICENSOR not less than the rank of CGM, unconnected with the subject contract for claims of more than Rs. 50 lakhs. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties LICENSEE shall not be limited in their selection entitled to raise any objection to any prescribed listsuch arbitrator on the ground that the arbitrator is an officer of the LICENSOR/CMRL. The chairman LICENSEE shall have to choose the Arbitrator from this panel of three Arbitrators in case of Sole Arbitrator. In case of Three Arbitrators, the HKIAC LICENSEE shall select choose one Arbitrator and the LICENSOR shall choose one Arbitrator each from this panel of three Arbitrators and the two Arbitrators so chosen will choose the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of presiding Arbitrator from this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal panel only”.
d) Arbitration awards rendered shall be final and binding upon the parties thereto, and the prevailing binding. The successful party may apply seek to a court of competent jurisdiction for enforcement of such award. Any party to enforce the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending award in an appropriate jurisdiction.
e) During the constitution pendency of the arbitral tribunal. During arbitration, LICENSOR / CMRLand the course LICENSEE shall perform their respective obligations in respect of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationLicense.
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
Dispute Resolution. Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to dispute between the parties under this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred to resolved (except as provided below) through informal arbitration upon by an arbitrator selected under the demand rules of either party to the dispute with notice American Arbitration Association for arbitration of employment disputes (the “Arbitration Notice”located in New York City) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in Englishthat location under the rules of said Association. To Each party shall be entitled to present evidence and argument to the extent that arbitrator. The arbitrator shall have the HKIAC Rules are in conflict with right only to interpret and apply the provisions of this Agreement and may not change any of its provisions, except as expressly provided in Section 9.1317 and only in the event the Company has not brought an action in a court of competent jurisdiction to enforce the covenants in Section 10. The arbitrator shall permit reasonable pre-hearing discovery of facts, including to the provisions concerning extent necessary to establish a claim or a defense to a claim, subject to supervision by the appointment arbitrator. The determination of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal arbitrator shall be final conclusive and binding upon the parties theretoand judgment upon the same may be entered in any court having jurisdiction thereof. The arbitrator shall give written notice to the parties stating the arbitrator's determination, and shall furnish to each party a signed copy of such determination. The expenses of arbitration shall be borne equally by the prevailing party Company and the Executive or as the arbitrator equitably determines consistent with the application of state or federal law; provided, however, that the Executive's share of such expenses shall not exceed the maximum permitted by law. Any arbitration or action pursuant to this Section 13 shall be governed by and construed in accordance with the substantive laws of the State of New York and, where applicable, federal law, without giving effect to the principles of conflict of laws of such State. Notwithstanding the foregoing, the Company shall not be required to seek or participate in arbitration regarding any actual or threatened breach of the Executive's covenants in Section 10, but may apply to pursue its remedies, including injunctive relief, for such breach in a court of competent jurisdiction for enforcement in New York City, or in the sole discretion of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive reliefCompany, if possible, from any in a court of competent jurisdiction pending where the constitution Executive has committed or is threatening to commit a breach of the arbitral tribunal. During Executive's covenants, and no arbitrator may make any ruling inconsistent with the course findings or rulings of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationsuch court.
Appears in 3 contracts
Samples: Employment Agreement (Scottish Annuity & Life Holdings LTD), Employment Agreement (Scottish Re Group LTD), Employment Agreement (Scottish Annuity & Life Holdings LTD)
Dispute Resolution. (i) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party any Party with notice to the dispute with notice other Parties.
(the “Arbitration Notice”ii) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator, who shall be qualified to practice Law in Hong Kong. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. .
(iii) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.1310.4, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 10.4 shall prevail. .
(iv) The arbitrators shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive Law of Hong Kong and shall not apply any other substantive law.
(v) Each Party hereto shall cooperate with any party to the arbitration shall cooperate with each other party to the arbitration dispute in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. the Party receiving the request.
(vi) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and any party to the prevailing party dispute may apply to a court of competent jurisdiction for enforcement of such award. .
(vii) Any party to the Dispute dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Series D Preferred Share Purchase Agreement (Momo Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 7(a). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in this Section 7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 7(a) in dispute and under adjudicationany way.
Appears in 3 contracts
Samples: Equity Commitment Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.), Equity Commitment Agreement (Giant Interactive Group Inc.), Equity Commitment Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)
Dispute Resolution. (i) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(ii) The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongsubmitted in accordance with the HKIAC Rules. There shall be three one (31) arbitratorsarbitrator. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC Council shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment who shall be made by the chairman of the HKIAC. qualified to practice law in Hong Kong.
(iii) The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13Section, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 shall prevail. .
(iv) Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(v) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(vi) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong (without regard to principles of conflict of laws thereunder) and shall not apply any other substantive Law.
(vii) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(viii) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Shareholder Agreement (Dada Nexus LTD), Shareholder Agreement (Dada Nexus LTD), Share Purchase Agreement (JD.com, Inc.)
Dispute Resolution. (i) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party any Party with notice to the dispute with notice other Parties.
(the “Arbitration Notice”ii) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator, who shall be qualified to practice Law in Hong Kong. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. .
(iii) The arbitral arbitration proceedings shall be conducted in EnglishChinese. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.1310.4, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 10.4 shall prevail. .
(iv) The arbitrators shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive Law of Hong Kong and shall not apply any other substantive law.
(v) Each Party hereto shall cooperate with any party to the arbitration shall cooperate with each other party to the arbitration dispute in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. the Party receiving the request.
(vi) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and any party to the prevailing party dispute may apply to a court of competent jurisdiction for enforcement of such award. .
(vii) Any party to the Dispute dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Series C Preferred Share Purchase Agreement (Momo Inc.), Series C Preferred Share Purchase Agreement (Momo Inc.), Series C Preferred Share Purchase Agreement (Momo Inc.)
Dispute Resolution. Any dispute(a) With the sole and exclusive exception provided for in part (b) of this Section 4.9, controversy or claim (each, a “Dispute”) in the event of any dispute arising out of or relating to in connection with this Agreement, or the interpretationincluding any dispute regarding its existence, breach, terminationtermination or validity, validity or invalidity thereof, each Party shall have the right to have recourse to and shall be referred bound by the pre-arbitral referee procedure of the International Chamber of Commerce in accordance with its Rules for a Pre-Arbitral Referee Procedure. All disputes arising out of or in connection with this Agreement (including as to arbitration upon existence, breach, termination and validity) shall be finally settled under the demand Rules of either party to Arbitration of the dispute with notice International Chamber of Commerce (the “Arbitration NoticeRules”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) three arbitrators appointed in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC said Rules”) in force at the time when the Arbitration Notice is submitted. The seat place of the pre-arbitral referee procedure and of the arbitration procedure shall be New York, New York, United States of America. The proceedings before the arbitral tribunal (including with respect to the Pre-Arbitral Referee Procedure) shall be governed by the Rules. The rules of law to be applied by the arbitral tribunal to the merits of the dispute shall be the rules of law of the State of New York. The language of the arbitration shall be Hong KongEnglish. There Evidence shall be three (3) arbitrators. The complainant provided in English and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators pleadings shall be freely selected, and the parties shall not be limited done in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIACEnglish. The arbitral proceedings tribunal shall be conducted in English. To render its decision within six months from the extent that the HKIAC Rules are in conflict with the provisions date of this Section 9.13, including the provisions concerning the appointment signature of the arbitrators, this Section 9.13 shall prevailterms of reference. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The Any decision or award of the arbitral tribunal shall be final and binding upon the parties theretoto the arbitration proceeding. Without limiting the authority conferred on the arbitral tribunal by this Agreement and the Rules, the arbitral tribunal shall have the authority to award specific performance. The Parties waive to the extent permitted by applicable law any rights to appeal or to review of such award by any court or tribunal. The Parties hereby submit to the exclusive jurisdiction of the federal and state courts of the State of New York sitting in the Borough of Manhattan, and the prevailing party may apply agree not to a court of competent jurisdiction for enforcement of raise any objection to venue in such award. Any party to the Dispute shall be entitled to seek preliminary injunctive reliefcourt, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part enforcement of this Section 4.9(a) and any application to confirm, vacate or modify the decision or award of the arbitration tribunal. The Parties agree that, once confirmed, the arbitral award may be enforced against the parties to the arbitration proceeding or their assets wherever they may be found.
(b) In the event of any dispute arising out of or in dispute connection with any Party’s failure to close or failure hereunder to abide by any of the covenants contained herein to the extent such covenants are to be performed at or prior to either the Transferred Interest Closing or either of the Real Estate Transfer Closings, the Parties acknowledge and agree that any remedy at law for any such failure would be inadequate and that each of them, respectively, will be entitled to specific performance, injunctive relief or other equitable remedies in the event of any such failure to close or abide by any of the covenants contained herein to the extent such covenants are to be performed at or prior to either the Transferred Interest Closing or either of the Real Estate Transfer Closings, without any requirement on the Party demanding such specific performance, injunctive relief or other equitable remedies to post a bond or any other surety. The federal and state courts of the State of New York sitting in the Borough of Manhattan shall have exclusive jurisdiction with respect to a request for specific performance, injunctive relief or other equitable remedies pursuant to this Section 4.9(b), and the Parties hereby submit to the jurisdiction of such courts and agree not to raise any objection to venue in such courts, this being in addition to any other remedy to which they are entitled at Law or in equity without prejudice to any other rights or remedies that may otherwise be available to such other Party. Exercise of remedies under adjudicationthis Section 4.9(b) shall not preclude the exercise of remedies under Section 4.9(a) (other than remedies of specific performance under Section 4.9(a) in connection with any Party’s failure to close or failure hereunder to abide by any of the covenants contained herein to the extent such covenants are to be performed at or prior to either the Transferred Interest Closing or either of the Real Estate Transfer Closings).
Appears in 3 contracts
Samples: Purchase and Sale Agreement (EDF Inc.), Master Agreement (Constellation Energy Group Inc), Purchase and Sale Agreement (EDF Inc.)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party hereto or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, letter agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 7(a) (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in this Section 7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this letter agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 7(a) in dispute and under adjudicationany way.
Appears in 3 contracts
Samples: Equity Commitment Letter (Sequoia Capital China I Lp), Equity Commitment Letter (Chiu Na Lai), Equity Commitment Letter (Charm Communications Inc.)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre HKIAC Administered Arbitration Rules (the “HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 5.7(a) (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC shall select arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 5.7, any Party may, to the extent permitted under the laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 5.7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 5.7(a) in dispute and under adjudicationany way.
Appears in 3 contracts
Samples: Interim Investors Agreement (iKang Healthcare Group, Inc.), Interim Investors Agreement (Top Fortune Win Ltd.), Interim Investors Agreement (Zhang Lee Ligang)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the Parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party any Party involved with notice to the dispute with notice other Parties involved.
(the “Arbitration Notice”b) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant claimant and the respondent to such dispute shall each select one (1) arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator, who shall be qualified to practice Law in Hong Kong. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. .
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.138.15, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 8.15 shall prevail. .
(d) The arbitrators shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong and shall not apply any other substantive law.
(e) Each Party hereto shall cooperate with any party to the arbitration shall cooperate with each other party to the arbitration dispute in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. the Party receiving the request.
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and any party to the prevailing party dispute may apply to a court of competent jurisdiction for enforcement of such award. .
(g) Any party to the Dispute dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Securities Purchase Agreement (TuSimple Holdings Inc.), Series D 1 Preferred Share Purchase Agreement (TuSimple Holdings Inc.), Securities Purchase Agreement (TuSimple Holdings Inc.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall be referred resolved through consultation. Such consultation shall begin immediately after one party hereto has delivered to any other party hereto a written request for such consultation. If within thirty (30) days following the date on which such notice is given the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either any party to the such dispute with notice (the “Arbitration Notice”) to the other. others.
(b) The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant Each opposing party to a dispute shall be entitled to appoint one arbitrator, and the respondent to third arbitrator shall be jointly appointed by the disputing parties or, failing such dispute shall each select one arbitrator within agreement by thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selectedappointment by each party of its arbitrator, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select appoint the third arbitrator. If either party to the .
(c) The arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that UNCITRAL Arbitration Rules as administered by the HKIAC Rules are in conflict with at the provisions of this Section 9.13, including the provisions concerning the appointment time of the arbitrators, this Section 9.13 arbitration.
(d) The arbitrators shall prevail. Each party decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive laws of New York and shall not apply any other substantive law.
(e) Each party hereto shall cooperate with each the other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party the others in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. .
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and the prevailing party or parties may apply to a court of competent jurisdiction for enforcement of such award. .
(g) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, relief from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Share Purchase Agreement (Focus Media Holding LTD), Share Purchase Agreement (Focus Media Holding LTD), Share Purchase Agreement (Focus Media Holding LTD)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party the claimant to the dispute with notice (the “Arbitration Notice”) to the other. respondent(s) to the dispute.
(b) The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongsubmitted in accordance with the HKIAC Rules. There shall be three (3) arbitrators. The complainant and claimant(s) to the respondent to such dispute shall each jointly select one arbitrator and the respondent(s) to the dispute shall jointly select one arbitrator. All selections shall be made within thirty (30) 30 days after giving the selecting Party gives or receiving receives the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment who shall be made by the chairman of the HKIAC. qualified to practice law in Hong Kong.
(c) The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13Section, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 shall prevail. .
(d) Each party to the arbitration shall cooperate with each other party parties to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(e) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(f) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong, without regard to principles of conflict of laws thereunder, and shall not apply any other substantive Law.
(g) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, relief from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(h) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Shareholder Agreement (Qutoutiao Inc.), Shareholder Agreement (Qutoutiao Inc.), Shareholder Agreement (Qtech Ltd.)
Dispute Resolution. (i) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(ii) The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongsubmitted in accordance with the HKIAC Rules. There shall be three one (31) arbitratorsarbitrator. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC Council shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment who shall be made by the chairman of the HKIAC. qualified to practice law in Hong Kong.
(iii) The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13Section, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 shall prevail. .
(iv) Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(v) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(vi) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong (without regard to principles of conflict of Laws thereunder) and shall not apply any other substantive Law.
(vii) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(viii) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Series a Preferred Share Subscription Agreement (Puxin LTD), Share Purchase Agreement (Cango Inc.), Share Purchase Agreement (Cango Inc.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party any Party with notice to the dispute with notice other Parties.
(the “Arbitration Notice”b) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator, who shall be qualified to practice Law in Hong Kong. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman of the HKIAC. .
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.138.12, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 8.12 shall prevail. .
(d) The arbitrators shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive Law of Hong Kong and shall not apply any other substantive law.
(e) Each Party hereto shall cooperate with any party to the arbitration shall cooperate with each other party to the arbitration dispute in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. the Party receiving the request.
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and any party to the prevailing party dispute may apply to a court of competent jurisdiction for enforcement of such award. .
(g) Any party to the Dispute dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Shareholder Agreement (Burning Rock Biotech LTD), Shareholder Agreement (Burning Rock Biotech LTD), Shareholder Agreement (Burning Rock Biotech LTD)
Dispute Resolution. (i) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(ii) The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongsubmitted in accordance with the HKIAC Rules. There shall be three one (31) arbitratorsarbitrator. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC Council shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment who shall be made by the chairman of the HKIAC. qualified to practice law in Hong Kong.
(iii) The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.137.5, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 7.5 shall prevail. .
(iv) Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(v) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(vi) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Law of Hong Kong and shall not apply any other substantive Law.
(vii) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(viii) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
(ix) The Parties to this Agreement agree to the consolidation of arbitrations under the Transaction Documents in accordance with the following:
(1) In the event of two or more arbitrations having been commenced under any of the Transaction Documents, the tribunal in the arbitration first filed (the “Principal Tribunal”) may in its sole discretion, upon the application of any party to the arbitrations, order that the proceedings be consolidated before the Principal Tribunal if (A) there are issues of fact and/or law common to the arbitrations, (B) the interests of justice and efficiency would be served by such a consolidation, and (C) no prejudice would be caused to any party in any material respect as a result of such consolidation, whether through undue delay or otherwise. Such application shall be made as soon as practicable and the party making such application shall give notice to the other parties to the arbitrations.
(2) The Principal Tribunal shall be empowered to (but shall not be obliged to) order at its discretion, after inviting written (and where desired oral) representations from the parties that all or any of such arbitrations shall be consolidated or heard together and/or that the arbitrations be heard immediately after another and shall establish a procedure accordingly. All Parties shall take such steps as are necessary to give effect and force to any orders of the Principal Tribunal.
(3) If the Principal Tribunal makes an order for consolidation, it: (A) shall thereafter, to the exclusion of other arbitral tribunals, have jurisdiction to resolve all disputes forming part of the consolidation order; (B) shall order that notice of the consolidation order and its effect be given immediately to any arbitrators already appointed in relation to the disputes that were consolidated under the consolidation order; and (C) may also give such directions as it considers appropriate (x) to give effect to the consolidation and make provision for any costs which may result from it (including costs in any arbitration rendered functus officio under this Section 7.5); and (y) to ensure the proper organization of the arbitration proceedings and that all the issues between the parties are properly formulated and resolved.
(4) Upon the making of the consolidation order, any appointment of arbitrators relating to arbitrations that have been consolidated by the Principal Tribunal (except for the appointment of the arbitrators of the Principal Tribunal itself) shall for all purposes cease to have effect and such arbitrators are deemed to be functus officio, on and from the date of the consolidation order. Such cessation is without prejudice to (A) the validity of any acts done or orders made by such arbitrators before termination, (B) such arbitrators’ entitlement to be paid their proper fees and disbursements and (C) the date when any claim or defence was raised for the purpose of applying any limitation period or any like rule or provision.
(5) The Parties hereby waive any objections they may have as to the validity and/or enforcement of any arbitral awards made by the Principal Tribunal following the consolidation of disputes or arbitral proceedings in accordance with this Section 7.5 where such objections are based solely on the fact that consolidation of the same has occurred.
Appears in 3 contracts
Samples: Series C Preferred Share Purchase Agreement, Series B Preferred Share Purchase Agreement (LightInTheBox Holding Co., Ltd.), Series C Preferred Share Purchase Agreement (LightInTheBox Holding Co., Ltd.)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 5(a). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in this Section 5, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 5(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 5(a) in dispute and under adjudicationany way.
Appears in 3 contracts
Samples: Post Closing Equity Commitment Agreement, Post Closing Equity Commitment Agreement (Giant Interactive Group Inc.), Post Closing Equity Commitment Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this AgreementWarrant, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(b) The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongsubmitted in accordance with the HKIAC Rules. There shall be three (3) arbitrators, who shall be qualified to practice law in New York. The complainant claimants in the Dispute shall nominate one (1) arbitrator and the respondent to such dispute respondents in the Dispute shall each select nominate one arbitrator within thirty (301) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed listarbitrator. The chairman of the HKIAC Council shall select appoint the third arbitrator. If either party to , who shall serve as the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. presiding arbitrator.
(c) The arbitral proceedings shall be conducted in EnglishEnglish and Chinese. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.1316, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 16 shall prevail. .
(d) Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. .
(e) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(f) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive laws of Hong Kong (without regard to principles of conflict of laws thereunder) and shall not apply any other substantive law.
(g) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(h) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement Warrant shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Warrant Agreement (Puxin LTD), Warrant Agreement (Puxin LTD), Warrant Agreement (Puxin LTD)
Dispute Resolution. Any disputeclaim, counterclaim, demand, cause of action, dispute or controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement (or any agreement delivered in connection with this Agreement) or the breach, termination or validity thereof, or in any way relating to the interpretation, breach, termination, validity subject matter of this Agreement involving the Parties or invalidity thereof, their representatives (each a "Dispute") shall be referred to resolved by final and binding arbitration upon the demand of either party to the dispute with notice (the “even if such Disputes allegedly are extra-contractual in nature, sound in contract, tort or otherwise, or arise under state or federal law. Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) conducted in accordance with the Hong Kong International Arbitration Centre Administered Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect (the “HKIAC "Rules”) in force at the time when the Arbitration Notice is submitted"). The seat validity, construction, and interpretation of this Agreement to arbitrate, and all procedural aspects of the arbitration conducted pursuant hereto that are not covered by the Rules or the Act shall be Hong Kongdetermined by the arbitrators. In deciding the substance of the Parties' Dispute, the arbitrators shall follow the governing law. The arbitrators shall have no authority to award consequential, exemplary, or punitive damages of any type under any circumstances whether or not such damages may be available under applicable law or under the Rules, the Parties hereby waiving their right, if any, to recover any such damages. The arbitration proceeding shall be conducted and the award shall be rendered in New York, New York. There shall be three (3) neutral arbitrators. The complainant and Within fifteen (15) days of receipt by a Party of a copy of the respondent to such dispute demand for arbitration, each Party shall each select one arbitrator arbitrator. The two Party-appointed arbitrators shall select a third arbitrator, who shall serve as chair of the arbitral tribunal, within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the second arbitrator. Any arbitrator not timely selected in accordance with this agreement and the Rules shall be selected by the AAA in accordance with the Rules. To the fullest extent permitted by law, any arbitration proceeding and the arbitrators, this Section 9.13 ' award shall prevail. Each party to be maintained in confidence by the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partyParties. The arbitral award of the arbitral tribunal shall be final and binding upon the parties theretoin writing, and shall state the prevailing party may apply to a court findings of competent jurisdiction for enforcement fact and conclusions of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.law upon which it is
Appears in 3 contracts
Samples: Joint Development and Supply Agreement, Joint Development and Supply Agreement (A123 Systems Inc), Joint Development and Supply Agreement (A123 Systems, Inc.)
Dispute Resolution. Any dispute, In the event of any controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, Agreement or the interpretationScope of Work or Services, breachthe Parties shall consult and negotiate with each other and, terminationrecognizing their mutual interests, validity attempt to reach a solution satisfactory to the Parties. If the Parties fail to settle the controversy or invalidity thereofclaim at the expiration of thirty (30) days, the matter will be referred to sole arbitrator to be appointed by the Parties with mutual consent within fifteen (15) days from the date of receipt of a notice of arbitration served by any Party hereto. In case the Parties fail to agree on sole arbitrator within the prescribed period, the matter shall be referred to arbitration two (2) arbitrators, one to be appointed by each of the Parties to dispute and to an umpire to be appointed by the arbitrators before entering upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the otherreference. The Dispute sole arbitrator or the two (2) arbitrators and umpire shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) proceed to arbitrate in accordance with and subject to the Hong Kong International provisions of the Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at Act 1940 or any statutory modification or re-enactment thereof for the time when the Arbitration Notice is submittedbeing in force. The seat Parties agree that:
(a) all arbitration proceedings will take place in the jurisdiction of the Sindh province;
(b) the language of the arbitration shall be Hong Kong. There shall English;
(c) it is the intent of the Parties that, barring extraordinary circumstances, arbitration proceedings will be three concluded within one hundred and twenty (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30120) days after giving from the date the single arbitrator or receiving the demand for arbitration (the “Selection Period”). Such two arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIACumpire is appointed. The arbitral proceedings tribunal may extend this time limit in the interests of justice. Failure to adhere to this time limit shall be conducted in English. To not constitute a basis for challenging the extent that award;
(d) the HKIAC Rules are in conflict with the provisions decision of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party such arbitration to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested award or awards made by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal single arbitrator or two arbitrators and an umpire shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction Parties;
(e) pending the constitution of decision or award, the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement Parties shall continue to be performed except with respect perform their obligations pursuant to the part Agreement and Scope of Work; and
(f) this clause shall continue in dispute and under adjudicationforce notwithstanding the termination of this Agreement or any Statement of Work.
Appears in 3 contracts
Samples: Consultancy Services Contract, Consultancy Services Contract, Consultancy Services Contract
Dispute Resolution. Any dispute(a) Subject to Section 6.9(b), controversy any disputes, actions and proceedings against any Party, or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when the Arbitration Notice is submittedand as may be amended by this Section 6.9. The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC Tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings Tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that, in addition to any recourse to arbitration as set out in this Section 6.9, any Party may, to the extent permitted under the laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 6.9(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 6.9(a) in dispute any way.
(c) Each Party acknowledges and under adjudicationagrees that the other Parties would be irreparably injured by a breach of this Agreement by it and that money damages alone are an inadequate remedy for actual or threatened breach of this Agreement. Accordingly, each Party shall be entitled to bring an action for specific performance and/or injunctive or other equitable relief (without posting a bond or other security) to enforce or prevent any violations of any provision of this Agreement, in addition to all other rights and remedies available at law or in equity to such Party, including the right to claim money damages for breach of any provision of this Agreement.
Appears in 3 contracts
Samples: Share Purchase Agreement (Gong Cuizhang), Share Purchase Agreement (Gong Cuizhang), Share Purchase Agreement (Golden Heaven Group Holdings Ltd.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the Parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one Party hereto has delivered to the other Parties involved a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party any Party with notice to the dispute with notice other Parties.
(the “Arbitration Notice”b) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and the respondent to involved in such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties Parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC shall select the third arbitrator, who shall be qualified to practice law in the State of New York. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. .
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.1315.2, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 15.2 shall prevail. .
(d) The arbitrators shall decide any dispute submitted by the Parties to the arbitration strictly in accordance with the substantive law of the State of New York and shall not apply any other substantive law.
(e) Each Party hereto shall cooperate with any party to the arbitration shall cooperate with each other party to the arbitration dispute in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. the Party receiving the request.
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and any party to the prevailing party dispute may apply to a court of competent jurisdiction for enforcement of such award. .
(g) Any party to the Dispute dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Shareholder Agreement (JinkoSolar Holding Co., Ltd.), Shareholder Agreement (JinkoSolar Holding Co., Ltd.), Shareholder Agreement (JinkoSolar Holding Co., Ltd.)
Dispute Resolution. (a) Any disputedisputes, controversy actions and proceedings against any party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when (the Arbitration Notice is submitted“Rules”) and as may be amended by this Section 6.7. The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute arbitration tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(b) Notwithstanding the constitution foregoing, the parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 6.7, any party may, to the extent permitted under the Laws of the arbitral tribunal. During jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the course Laws of the arbitral tribunal’s adjudication State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the Disputejurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Agreement shall continue to be performed except with respect Section 6.7(b) is only applicable to the part seeking of interim injunctions and does not restrict the application of Section 6.7(a) in dispute and under adjudicationany way.
Appears in 3 contracts
Samples: Rollover and Support Agreement (Tang Liang), Consortium Agreement (Yili Shengda Investment Holdings (Hong Kong) Co LTD), Support Agreement (Yili Shengda Investment Holdings (Hong Kong) Co LTD)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one party hereto has delivered to the other party hereto a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(b) The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIACCentre”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant and Each party in the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC Centre shall select the third arbitrator, who shall be qualified to practice law in Hong Kong. If either party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. Centre.
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules Centre in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.1317, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 17 shall prevail. Each party .
(d) The arbitrators shall decide any dispute submitted by the Parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong and shall not apply any other substantive Law.
(e) Each party hereto shall cooperate with each the other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such the other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. .
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and the prevailing either party may apply to a court of competent jurisdiction for enforcement of such award. Any .
(g) Either party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Indemnification Agreement (MK Arizona Corp.), Indemnification Agreement (MK Arizona Corp.), Indemnification Agreement (MK Arizona Corp.)
Dispute Resolution. All disputes arising out of or related to this Agreement, including disputes that may involve the parent companies, subsidiaries and Affiliates of any party performing hereunder ("Disputes"), shall be resolved in accordance with this Section 8.3.
(a) Any Dispute shall be settled by binding arbitration under the National Rules of the Delaware Chamber of Commerce by one arbitrator appointed in accordance with said rules immediately upon the request of either party, his decision to be final and binding on the parties. The arbitration shall be conducted in the State of Delaware, USA. The arbitral tribunal shall exert its best efforts to conduct the proceedings so as to issue an award within nine months of the appointment of the arbitrator.
(b) The merits of any Dispute shall be decided in accordance with the law governing this Agreement, without application of any principle of conflict of laws. Each party expressly waives any right it may have to a trial by jury of any Dispute, and also expressly waives any right it may have to seek or to be awarded special or punitive damages on account of any matter that is the subject of a Dispute. Nothing herein shall limit or restrict a party's ability to seek injunctive or other equitable relief in the event of a breach or anticipated breach of Section article 5.
(c) The arbitral tribunal may grant any relief appropriate under the applicable law, but may not include any penalty or element of punitive or exemplary damages. The arbitral tribunal may award the costs and expenses of the arbitration. Any party may seek emergency, interim or provisional relief prior to the appointment of an arbitrator from any court of competent jurisdiction, without prejudice to the agreement to arbitrate herein contained. After appointment of an arbitrator, any request for such relief shall be addressed to the arbitrator, who shall have the power to enter an interim award granting any emergency, interim or provisional relief to which a party may be entitled under applicable law.
(d) Any award of money shall be in U.S. dollars. The award of the tribunal may be entered and enforced in any court of competent jurisdiction. A court called upon to enforce such an award may require a party resisting enforcement to pay the reasonable attorney fees and costs of the party seeking enforcement.
(e) Any duty to arbitrate under this Agreement shall remain in effect and enforceable after termination of this Agreement for any reason.
(f) Each party has the right before or during the arbitration to seek and obtain from the appropriate court provisional remedies, such as attachment, preliminary injunction or replevin, to avoid irreparable harm. maintain the status quo, or preserve the subject matter of the arbitration. This Section 8.3 shall not apply to any dispute, controversy or claim that concerns (each, a “Dispute”i) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereofinfringement of a patent, shall be referred to arbitration upon the demand of either party to the dispute with notice trademark or copyright; or (the “Arbitration Notice”ii) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving any antitrust, anti-monopoly or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selectedcompetition law or regulation, and the parties shall whether or not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationstatutory.
Appears in 3 contracts
Samples: Exclusive License Agreement (Proteonomix, Inc.), Exclusive License Agreement (Proteonomix, Inc.), Exclusive License Agreement (Proteonomix, Inc.)
Dispute Resolution. (a) Any disputeand all disputes which cannot be settled amicably, controversy or claim (eachincluding any ancillary claims of any party, a “Dispute”) arising out of or of, relating to this Agreementor in connection with the validity, or the negotiation, execution, interpretation, breachperformance or non-performance of this Agreement (including the validity, termination, validity or invalidity thereof, scope and enforceability of this arbitration provision) shall be referred to and finally resolved by arbitration upon under the demand Rules of either party to Arbitration of the dispute London Court of International Arbitration (“LCIA Rules”) by one or more arbitrators appointed in accordance with notice the LCIA Rules (the “Arbitration NoticeArbitral Tribunal”);
(b) to the other. The Dispute arbitration shall be settled conducted by a sole arbitrator unless either party objects, in which case the arbitration in Hong Kong shall be conducted by a panel of three arbitrators. Where the arbitration is to be conducted by a sole arbitrator, the parties shall attempt to agree upon the selection of the sole arbitrator. If they cannot reach agreement within 30 days from the commencement of the arbitration, the sole arbitrator shall be appointed by the Hong Kong International Arbitration Centre Court of the LCIA (the “HKIACLCIA Court”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules LCIA Rules. Where the arbitration is to be conducted by a panel of three arbitrators, each party shall nominate one arbitrator and the two party-nominated arbitrators shall then select the chairman of the Arbitral Tribunal. If the two party-nominated arbitrators are unable to do so within 30 days after the commencement of the arbitration or any mutually agreed extension thereof, the chairman shall be selected by the LCIA Court in accordance with the LCIA Rules;
(the “HKIAC Rules”c) in force at the time when the Arbitration Notice is submitted. The seat place of arbitration shall be Hong Kong. There London;
(d) The language of the arbitration shall be three English;
(3e) arbitrators. The complainant and the respondent to such dispute shall each select one Each arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selectedlicensed to practice law in New York;
(f) Each party shall have the right to apply to any court of competent jurisdiction and/or to the Arbitral Tribunal for an order or award of interim, provisional or conservatory measures in order to maintain the status quo or to protect its rights or property pending arbitration pursuant to this Agreement or for the purpose of compelling a party to arbitrate and seeking temporary or preliminary relief in aid of an arbitration hereunder, and the parties any such application shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Perioddeemed incompatible with, or a waiver of, the relevant appointment parties’ agreement to arbitrate;
(g) The Arbitral Tribunal shall be made have power to take whatever interim measures it deems necessary, including injunctive relief, specific performance and other equitable relief;
(h) The award rendered by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal Arbitral Tribunal shall be final and binding upon between the parties thereto, and the prevailing party may apply not subject to a court of competent jurisdiction for appeal or other recourse; and
(i) Recognition and enforcement of such award. Any party to any award rendered by the Dispute shall Arbitral Tribunal may be entitled to seek preliminary injunctive relief, if possible, from sought in any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationjurisdiction.
Appears in 3 contracts
Samples: Stock Pledge Agreement, Third Supplemental Indenture (Power Solutions International, Inc.), Stock Pledge Agreement (Weichai America Corp.)
Dispute Resolution. (i) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this AgreementAgreement (whether contractual, pre-contractual or non-contractual), or the interpretation, breach, termination, validity termination or invalidity thereofhereof, shall be resolved at the first instance through consultation between the parties to such Dispute. Such consultation shall begin immediately after any party has delivered written notice to any other party to the Dispute requesting such consultation.
(ii) If the Dispute is not resolved within thirty (30) days following the date on which such notice is given, the Dispute shall be referred to and finally resolved by arbitration upon the demand request of either any party to the dispute Dispute with notice to each other party to the Dispute (the “Arbitration Notice”).
(iii) to the other. The Dispute arbitration shall be settled by arbitration in Hong Kong administered by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with under the Hong Kong International Arbitration Centre Administered Arbitration Rules (of the “United Nations Commission on International Trade Law in force when the Notice of Arbitration is submitted, as modified by the HKIAC Rules”) Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules in force at the time when of the Arbitration Notice is submittedcommencement of the arbitration. However, if such rules or procedures are in conflict with the provisions of this Section 8.7, including the provisions concerning the appointment of arbitrators, the provisions of this Section 8.7 shall prevail. The seat place of the arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and claimants in the respondent to such dispute Dispute shall each select collectively choose one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selectedarbitrator, and the parties respondents shall not be limited in their selection to any prescribed listcollectively choose one arbitrator. The chairman Secretary General of the HKIAC shall select the third arbitrator, who shall be qualified to practice law in Hong Kong. If either party to any of the arbitration fails to appoint an arbitrator with members of the Selection Periodarbitral tribunal have not been appointed within thirty (30) days after the Arbitration Notice is given, the relevant appointment shall be made by the chairman Secretary General of the HKIAC. .
(iv) The arbitral arbitration proceedings shall be conducted in English. To .
(v) In addition to the extent that authority conferred upon the HKIAC arbitral tribunal by the UNCITRAL Arbitration Rules, the arbitral tribunal shall have the authority to order production of documents taking guidance from the IBA Rules are on the Taking of Evidence in conflict with International Arbitration as current on the provisions of this Section 9.13, including the provisions concerning the appointment date of the arbitrators, this Section 9.13 shall prevail. commencement of the arbitration.
(vi) Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. .
(vii) The award of the arbitral tribunal arbitrators shall be final and binding upon decide any Dispute submitted by the parties thereto, to the arbitration tribunal strictly in accordance with the substantive law of Hong Kong and the prevailing party may shall not apply to a court of competent jurisdiction for enforcement of such award. any other substantive law.
(viii) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal.
(ix) The Parties to this Agreement agree to the consolidation of arbitrations under the Transaction Documents in accordance with the provisions of this Section 8.7.
(1) In the event of two or more arbitrations having been commenced under any of the Transaction Documents, the tribunal in the arbitration first filed (the “Principal Tribunal”) may in its sole discretion, upon the application of any party to the arbitrations, order that the proceedings be consolidated before the Principal Tribunal if (i) there are issues of fact and/or law common to the arbitrations, (ii) the interests of justice and efficiency would be served by such a consolidation, and (iii) no prejudice would be caused to any party in any material respect as a result of such consolidation, whether through undue delay or otherwise. Such application shall be made as soon as practicable and the party making such application shall give notice to the other parties to the arbitrations.
(2) The Principal Tribunal shall be empowered to (but shall not be obliged to) order at its discretion, after inviting written (and where desired oral) representations from the parties that all or any of such arbitrations shall be consolidated or heard together and/or that the arbitrations be heard immediately after another and shall establish a procedure accordingly. All parties shall take such steps as are necessary to give effect and force to any orders of the Principal Tribunal.
(3) If the Principal Tribunal makes an order for consolidation, it: (i) shall thereafter, to the exclusion of other arbitral tribunals, have jurisdiction to resolve all disputes forming part of the consolidation order; (ii) shall order that notice of the consolidation order and its effect be given immediately to any arbitrators already appointed in relation to the disputes that were consolidated under the consolidation order; and (iii) may also give such directions as it considers appropriate (A) to give effect to the consolidation and make provision for any costs which may result from it (including costs in any arbitration rendered functus officio under Section 8.7); and (B) to ensure the proper organization of the arbitration proceedings and that all the issues between the parties are properly formulated and resolved.
(4) Upon the making of the consolidation order, any appointment of arbitrators relating to arbitrations that have been consolidated by the Principal Tribunal (except for the appointment of the arbitrators of the Principal Tribunal itself) shall for all purposes cease to have effect and such arbitrators are deemed to be functus officio, on and from the date of the consolidation order. Such cessation is without prejudice to (i) the validity of any acts done or orders made by such arbitrators before termination, (ii) such arbitrators’ entitlement to be paid their proper fees and disbursements and (iii) the date when any claim or defense was raised for the purpose of applying any limitation period or any like rule or provision.
(5) The Parties hereby waive any objections they may have as to the validity and/or enforcement of any arbitral awards made by the Principal Tribunal following the consolidation of disputes or arbitral proceedings in accordance with this Section 8.7 where such objections are based solely on the fact that consolidation of the same has occurred.
(x) During the course of the arbitral arbitration tribunal’s adjudication resolution of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute Dispute and under adjudicationresolution.
(xi) The award of the arbitration tribunal shall be final and binding upon the parties, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award.
Appears in 3 contracts
Samples: Series G Preferred Share Purchase Agreement, Series G Preferred Share Purchase Agreement (BEST Inc.), Series G 2 Preferred Share Purchase Agreement (BEST Inc.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with under the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Notice of Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. submitted in accordance with the HKIAC Rules.
(b) There shall be three (3) arbitrators. The complainant , of whom one (1) arbitrator shall be appointed by ADV, one (1) arbitrator appointed by the Investors, and the respondent third arbitrator shall be appointed by the two arbitrators designated by the disputing parties. If the two arbitrators designated by the disputing Parties are unable to such dispute shall each select one agree upon a third arbitrator within thirty (30) days after giving or receiving the demand for arbitration (first two arbitrators are appointed, the “Selection Period”). Such arbitrators third arbitrator shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of appointed by the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. Council.
(c) The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13section, including without limitation, the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 section shall prevail. Each party .
(d) In addition to the arbitration authority conferred upon the arbitral tribunal by the HKIAC Rules, the arbitral tribunal shall cooperate have the authority to order production of documents in accordance with each other party to the arbitration IBA Rules on the Taking of Evidence in making full disclosure International Arbitration published by International Bar Association as current on the commencement of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. the arbitration.
(e) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(f) The arbitral tribunal shall decide any Dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong (without regard to principles of conflict of Laws thereunder) and shall not apply any other substantive Law.
(g) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(h) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Voting Support Agreement (Hainan Oriental Jiechuang Investment Partnership (Limited Partnership)), Voting Support Agreement (Zhou Pengwu), Voting Support Agreement (Ding Wenting)
Dispute Resolution. (i) Any dispute, controversy or claim (each, a “Dispute”) arising out of of, in connection with or relating to this Agreement, or including the interpretation, breachvalidity, terminationinvalidity, validity breach or invalidity termination thereof, shall be referred to settled by arbitration.
(ii) The arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration conducted in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with under the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Notice of Arbitration Notice is submittedsubmitted in accordance with the said Rules. The seat number of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed listthree. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. English language.
(iii) Each party to the arbitration Party shall cooperate with each the other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such the other party in connection with such arbitral arbitration proceedings, subject only to any doctrine of legal privilege or any confidentiality obligations binding on such party. Party.
(iv) The costs of arbitration shall be borne by the losing Party, unless otherwise determined by the arbitration tribunal.
(v) When any dispute occurs and when any dispute is under arbitration, except for the matters in dispute, the Parties shall continue to fulfill their respective obligations and shall be entitled to exercise their rights under this Agreement.
(vi) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretoParties, and the prevailing party Party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute .
(vii) Regardless of anything else contained herein, any Party shall be entitled to seek preliminary injunctive relief, if possible, relief from any court of competent jurisdiction pending the constitution conclusion of the arbitral tribunal. During arbitration.
(viii) In order to facilitate the course comprehensive resolution of related disputes, and upon request of any Party to the arbitration proceeding, the arbitration tribunal may consolidate the arbitration proceeding with any other arbitration proceeding(s) involving any of the arbitral tribunal’s adjudication Parties relating to this Agreement or any other Transaction Documents in connection therewith. The arbitration tribunal shall not consolidate such arbitrations unless it determines that (i) there are issues of fact or law common to the two proceedings so that a consolidated proceeding would be more efficient than separate proceedings, and (ii) no party would be prejudiced as a result of such consolidation through undue delay or otherwise. In the event of different rulings on this question by the arbitration tribunal constituted hereunder and the tribunal(s) constituted under any of the DisputeTransaction Agreements, the ruling of the tribunal constituted under this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationprevail.
Appears in 3 contracts
Samples: Share Purchase Agreement (CooTek(Cayman)Inc.), Share Purchase Agreement (CooTek(Cayman)Inc.), Share Purchase Agreement (Daqo New Energy Corp.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall be referred resolved through consultation. Such consultation shall begin immediately after one party hereto has delivered to the other party hereto a written request for such consultation. If within 30 days following the date on which such notice is given the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(b) The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitratorsone arbitrator. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selectedjointly appointed by the disputing parties or, and failing which the parties shall not be limited in their selection to any prescribed list. The chairman Secretary-General of the HKIAC shall select appoint the third arbitrator. If either party to the .
(c) The arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that UNCITRAL Arbitration Rules as administered by the HKIAC Rules are in conflict with at the provisions of this Section 9.13, including the provisions concerning the appointment time of the arbitrators, this Section 9.13 arbitration.
(d) The arbitrator shall prevail. Each party decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong and shall not apply any other substantive Law.
(e) Each party shall cooperate with each the other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such the other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. .
(f) In the course of arbitration, the Parties shall continue to implement the terms of this Agreement except (as between the disputing parties) for the matters under arbitration.
(g) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any .
(h) Either party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, relief from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 3 contracts
Samples: Shareholders Agreement (CDP Holdings, LTD), Share Purchase Agreement (CDP Holdings, LTD), Shareholder Agreement (CDP Holdings, LTD)
Dispute Resolution. Any dispute, controversy or claim (each, a “Dispute”a) All disputes arising out of or relating to this Agreement, or in connection with the interpretation, breach, termination, validity or invalidity thereof, present contract shall be referred to arbitration upon finally settled under the demand Rules of either party to Arbitration of the dispute with notice (the “Arbitration Notice”) to the otherInternational Chamber of Commerce by three arbitrators. The Dispute disputing Member(s) and/or the Company shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submittedeach appoint one arbitrator, and those two arbitrators shall then appoint a third arbitrator. The seat place of arbitration shall be Hong KongNew York. There The language of the arbitration shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIACEnglish. The arbitral proceedings tribunal shall render a reasoned award within six months from the date of signature of the terms of reference. Any party to this contract shall have the right to have recourse to and shall be conducted in English. To bound by the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment Pre-arbitral Referee Procedure of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate International Chamber of Commerce in accordance with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The its Rules for a Pre-Arbitral Referee Procedure.
(b) Any decision or award of the arbitral tribunal shall be final and binding upon the parties thereto, and to the prevailing party may apply arbitration proceeding. The parties hereto hereby waive to a court of competent jurisdiction for enforcement the extent permitted by applicable law any rights to appeal or to review of such awardaward by any court or tribunal. Any party The parties hereto agree that the arbitral award may be enforced against the parties to the Dispute arbitration proceeding or their assets wherever they may be found and that a judgment upon the arbitral award may be entered in any court having jurisdiction thereof.
(c) Each party acknowledges that the other would not have an adequate remedy for money damages in the event that any or all of the covenants contained in this Agreement were not performed in accordance with their terms and therefore agrees that the other party shall be entitled to seek preliminary injunctive other relief, if possibleincluding injunctive relief and specific performance of such covenants, in addition to any other remedy to which such party may be entitled. Notwithstanding any other provision of this Section 4.4, EDFI and Constellation shall have the right to obtain injunctive relief from any federal or state court located in the Borough of competent Manhattan, City of New York. Each of EDFI and Constellation hereby irrevocably consents to personal jurisdiction pending in any such action and to service of process by mail in any manner permitted by the constitution laws of the arbitral tribunal. During the course State of the arbitral tribunal’s adjudication New York and agrees that service of the Disputeprocess by registered mail sent to its principal executive office shall be effective service of process for such action, this Agreement shall continue suit or proceeding brought against such party in any such court, and waives any objection to be performed except with respect to the part venue in dispute and under adjudicationany such New York court.
Appears in 2 contracts
Samples: Investor Agreement (Constellation Energy Group Inc), Investor Agreement (Electricite De France S.A.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party Party to the dispute with notice (the “Arbitration Notice”) to the other. .
(b) The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kongsubmitted in accordance with the HKIAC Rules. There shall be three one (31) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators arbitrator, who shall be freely selected, and the parties shall not be limited qualified to practice law in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. Hong Kong.
(c) The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13Section, including the provisions concerning the appointment of the arbitratorsarbitrator, the provisions of this Section 9.13 shall prevail. .
(d) Each party Party to the arbitration shall cooperate with each other party Party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party Party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. Party.
(e) The award of the arbitral tribunal shall be final and binding upon the parties Parties thereto, and the prevailing party Party may apply to a court of competent jurisdiction for enforcement of such award. .
(f) The arbitral tribunal shall decide any Dispute submitted by the Parties to the arbitration strictly in accordance with the substantive Laws of Hong Kong (without regard to principles of conflict of Laws thereunder) and shall not apply any other substantive Law.
(g) Any party Party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. .
(h) During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
(i) The Parties agree that any arbitration notice, summons, order, award or other notice of process in Hong Kong shall be sent to each other party in accordance with Section 8.04 hereof.
Appears in 2 contracts
Samples: Share Purchase Agreement (Ma Kevin Xiaofeng), Share Purchase Agreement (ATA Inc.)
Dispute Resolution. (i) Any dispute, controversy or claim arising out of, in connection with or relating to this Agreement, including the existence, interpretation, validity, invalidity, performance, breach or termination thereof, or any dispute regarding non-contractual obligations arising out of or relating to it (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled and finally resolved by arbitration in Hong Kong administered by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with under the Hong Kong International Arbitration Centre HKIAC Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. .
(ii) The seat of the arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant One (1) arbitrator shall be designated by the claimant or group of claimants, and one (1) arbitrator shall be designated by the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)group of respondents. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select designate the third arbitrator. If either party to Where the arbitration fails to appoint an arbitrator with the Selection Periodgroup of claimants or group of respondents consists of Investors, the relevant appointment arbitrator designated by such group of claimants or group of respondents shall be made selected by the chairman a majority vote of the HKIACPreferred Shares then-held by such Investors. Each arbitrator shall be qualified to practice law in Hong Kong. The arbitral proceedings arbitration shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. English language.
(iii) Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral arbitration proceedings, subject only to any doctrine of legal privilege or any confidentiality obligations binding on such party. .
(iv) The costs of arbitration (including legal fees and expenses, tribunal fees, and administrative fees) shall be borne by the losing party, unless otherwise determined by the arbitral tribunal.
(v) During the course of the arbitral tribunal’s adjudication of the Dispute, the parties shall continue to fulfill their respective obligations and shall be entitled to exercise their rights under this Agreement except with respect to the part in Dispute and under adjudication.
(vi) The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. .
(vii) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, relief from any court of competent jurisdiction pending the constitution conclusion of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationarbitration.
Appears in 2 contracts
Samples: Shareholder Agreement (Tuya Inc.), Shareholder Agreement (Tuya Inc.)
Dispute Resolution. (i) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall be referred resolved at the first instance through consultation between the parties to such Dispute. Such consultation shall begin immediately after any party has delivered written notice to any other party to the Dispute requesting such consultation.
(ii) If the Dispute is not resolved within thirty (30) days following the date on which such notice is given, the Dispute shall be submitted to arbitration upon the demand request of either any party to the dispute Dispute with notice to each other party to the Dispute (the “Arbitration Notice”).
(iii) to the other. The Dispute arbitration shall be settled by arbitration conducted in Hong Kong and shall be administered by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong HKIAC Procedures for the Administration of International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when of the Arbitration Notice is submitted. The seat commencement of arbitration shall be Hong Kongthe arbitration. There shall be three one (31) arbitrators. .
(iv) The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules United Nations Commission on International Trade Law, as in effect at the time of the commencement of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.136.3, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 6.3 shall prevail. Each party .
(v) The arbitrators shall decide any Dispute submitted by the parties to the arbitration tribunal strictly in accordance with the substantive law of Hong Kong and shall cooperate with each not apply any other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. substantive law.
(vi) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course .
(vii) The award of the arbitral tribunal’s adjudication arbitration tribunal shall be final and binding upon the parties, and the prevailing party may apply to a court of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationcompetent jurisdiction for enforcement of such award.
Appears in 2 contracts
Samples: Share Repurchase Agreement (Sina Corp), Share Repurchase Agreement (Zhou Xin)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall be referred to arbitration upon the demand of either resolved through consultation. Such consultation shall begin immediately after one party hereto has delivered to the other parties hereto a written request for such consultation. If within thirty (30) days following the date on which such written request is given the dispute with notice (cannot be resolved, the “Arbitration Notice”) to the other. The Dispute dispute shall be settled by arbitration in Hong Kong by under the UNCITRAL Arbitration Rules in accordance with the HKIAC Procedures for the Administration of International Arbitration in force as at the date of this Agreement to the extent not conflicting with the provisions of this Section 13.5.
(b) The arbitration shall be conducted in Hong Kong under the auspices of the Hong Kong International Arbitration Centre (the “HKIACCentre”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitrators. The complainant Each of the claimant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”)arbitration. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman Chairman of the HKIAC Centre shall select the third arbitrator, who shall be qualified to practice law in The State of New York. If either any party to the arbitration fails to does not appoint an arbitrator with who has consented to participate within thirty (30) days after selection of the Selection Periodfirst arbitrator, the relevant appointment shall be made by the chairman Chairman of the HKIAC. Centre.
(c) The arbitral arbitration proceedings shall be conducted in English. To The arbitrators shall decide any dispute submitted by the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party parties to the arbitration strictly in accordance with the substantive law of The State of New York and shall not apply any other substantive law.
(d) Each party hereto shall cooperate with each the other party to the arbitration parties in making full disclosure of and providing complete access to all information and documents requested by such the other party parties in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. parties.
(e) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and the prevailing each party may apply to a court of competent jurisdiction for enforcement of such award. Any .
(f) Each party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral arbitration tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 2 contracts
Samples: Investor Rights Agreement (China Mass Media International Advertising Corp.), Investor Rights Agreement (China Mass Media International Advertising Corp.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall be referred resolved through consultation. Such consultation shall begin immediately after one party hereto has delivered to any other party hereto a written request for such consultation. If within thirty (30) days following the date on which such notice is given the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either any party to the such dispute with notice (the “Arbitration Notice”) to the other. others.
(b) The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “"HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong"). There shall be three (3) arbitrators. The complainant Each opposing party to a dispute shall be entitled to appoint one arbitrator, and the respondent to third arbitrator shall be jointly appointed by the disputing parties or, failing such dispute shall each select one arbitrator within agreement by thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selectedappointment by each party of its arbitrator, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select appoint the third arbitrator. If either party to the .
(c) The arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that UNCITRAL Arbitration Rules as administered by the HKIAC Rules are in conflict with at the provisions of this Section 9.13, including the provisions concerning the appointment time of the arbitrators, this Section 9.13 arbitration.
(d) The arbitrators shall prevail. Each party decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive laws of New York and shall not apply any other substantive law.
(e) Each party hereto shall cooperate with each the other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party the others in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. .
(f) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and the prevailing party or parties may apply to a court of competent jurisdiction for enforcement of such award. .
(g) Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, relief from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 2 contracts
Samples: Share Purchase Agreement (Focus Media Holding LTD), Share Purchase Agreement (Focus Media Holding LTD)
Dispute Resolution. Section 6.1 Any disputedisputes, controversy actions and proceedings against any Party or claim (each, a “Dispute”) arising out of or in any way relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, Agreement shall be referred submitted to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “of HKIAC Rules”) in force at the relevant time when and as may be amended by this Section 6.1 (the Arbitration Notice is submitted“Rules”). The seat place of arbitration shall be Hong Kong. There The official language of the arbitration shall be three (3) arbitrators. The complainant English and the respondent to such dispute tribunal shall each select one arbitrator within thirty consist of three arbitrators (30) days after giving or receiving the demand for arbitration (the each, an “Selection PeriodArbitrator”). Such arbitrators The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be freely selected, nominated jointly by the first two Arbitrators and the parties shall not be limited in their selection to any prescribed list. The serve as chairman of the HKIAC arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall select fail to nominate or agree the joint nomination of an Arbitrator or the third arbitrator. If either party to Arbitrator within the arbitration fails to appoint an arbitrator with time limits specified by the Selection PeriodRules, the relevant appointment such Arbitrator shall be made appointed promptly by the chairman of the HKIAC. The arbitral proceedings arbitration tribunal shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party have no authority to the arbitration shall cooperate with each award punitive or other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such partypunitive-type damages. The award of the arbitral arbitration tribunal shall be final and binding upon the parties thereto, and the prevailing disputing parties. Any party to an award may apply to a any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award. Any party , the Parties irrevocably and unconditionally submit to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from jurisdiction of any court of competent jurisdiction pending and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum
Section 6.2 Notwithstanding the constitution foregoing, the Parties hereby consent to and agree that in addition to any recourse to arbitration as set out in this Section 6, any Party may, to the extent permitted under the rules and procedures of the arbitral tribunalHKIAC, seek an interim injunction or other form of relief from the HKIAC as provided for in its Rules. During Such application shall also be governed by, and construed in accordance with, the course laws of the arbitral tribunal’s adjudication State of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationNew York.
Appears in 2 contracts
Samples: Consortium Agreement, Consortium Agreement (Ctrip Com International LTD)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to in connection with this Agreement, including any question regarding its existence, validity, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to resolved by final and binding arbitration upon under the demand Arbitration Rules of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong London Court of International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC LCIA Rules”) in force at the time when the Arbitration Notice is submitted), except as modified herein. The seat of arbitration shall be Hong Kong. London, England and the arbitration shall be conducted in the English language.
(b) There shall be three arbitrators (3) arbitratorsthe “Arbitral Tribunal”). The complainant If there are two parties to the arbitration, the claimant shall nominate one arbitrator in the Request, and the respondent to such dispute shall each select nominate one arbitrator within the time specified in the LCIA Rules. If there are more than two parties to the arbitration, the parties shall have thirty (30) days after giving or receiving from receipt by respondent(s) of the demand request for arbitration to agree on the manner in which the first two arbitrators will be nominated and to nominate two arbitrators. Within twenty (20) days of the “Selection Period”). Such confirmation by the LCIA of the appointment of the second arbitrator, the two arbitrators shall nominate a third arbitrator, who shall serve as chair of the Arbitral Tribunal. On the request of any party to the arbitration, any arbitrator not timely nominated shall be freely selectedappointed by the LCIA Court in accordance with the LCIA Rules.
(c) Any arbitration hereunder shall be confidential, and the parties shall and their agents agree not be limited in their selection to disclose to any prescribed list. The chairman third party the existence or status of the HKIAC shall select the third arbitrator. If either party arbitration or any information related thereto, except and to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that disclosure is required by applicable Law or is required to protect or pursue a legal right.
(d) The parties expressly agree that no applications or appeals may be made under Section 45 or Section 69 of the HKIAC Rules are English Arbitration Xxx 0000 with respect to any question of law arising in conflict the course of the arbitration or with respect to any award made. The arbitration tribunal shall have no authority to award punitive or other punitive-type damages.
(e) By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of arbitration proceedings. Without prejudice to such provisional remedies that may be granted by a court, the Arbitral Tribunal shall have full authority to grant provisional remedies, to order a party to request that a court modify or vacate any temporary or preliminary relief issued by such court, and to award damages for the failure of any party to respect the Arbitral Tribunal’s orders to that effect. The inclusion of this provision shall not exclude resort to the “Emergency Arbitrator” provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. LCIA Rules.
(f) The award of the arbitral tribunal Arbitral Tribunal shall be final and binding upon the parties thereto, and shall be the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party sole and exclusive remedy between the parties regarding any dispute, controversy or claims presented to the Dispute shall Arbitral Tribunal. Judgment upon any award may be entitled to seek preliminary injunctive relief, if possible, from entered in any court having jurisdiction over any party or any of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationits assets.
Appears in 2 contracts
Samples: Shareholder Agreement (Hudson Global Finance DE II, LLC), Shareholder Agreement (Japan NK Investment K.K.)
Dispute Resolution. a. Any disputeand all disputes which cannot be settled amicably, controversy or claim (eachincluding any ancillary claims of any party, a “Dispute”) arising out of or of, relating to this Agreementor in connection with the validity, or the negotiation, execution, interpretation, breachperformance or non-performance of this Agreement (including the validity, termination, validity or invalidity thereof, scope and enforceability of this arbitration provision) shall be referred to and finally resolved by arbitration upon under the demand Rules of either party to Arbitration of the dispute London Court of International Arbitration (“LCIA Rules”) by one or more arbitrators appointed in accordance with notice the LCIA Rules (the “Arbitration NoticeArbitral Tribunal”) to the other. );
b. The Dispute arbitration shall be settled conducted by a sole arbitrator unless either party objects, in which case the arbitration in Hong Kong shall be conducted by a panel of three arbitrators. Where the arbitration is to be conducted by a sole arbitrator, the parties shall attempt to agree upon the selection of the sole arbitrator. If they cannot reach agreement within 30 days from the commencement of the arbitration, the sole arbitrator shall be appointed by the Hong Kong International Arbitration Centre Court of the LCIA (the “HKIACLCIA Court”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (LCIA Rules. Where the “HKIAC arbitration is to be conducted by a panel of three arbitrators, each party shall nominate one arbitrator and the two party-nominated arbitrators shall then select the chairman of the Arbitral Tribunal. If the two party-nominated arbitrators are unable to do so within 30 days after the commencement of the arbitration or any mutually agreed extension thereof, the chairman shall be selected by the LCIA Court in accordance with the LCIA Rules”) in force at the time when the Arbitration Notice is submitted. ;
c. The seat place of arbitration shall be Hong Kong. There London;
d. The language of the arbitration shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one English;
e. Each arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selectedlicensed to practice law in New York;
f. Each party shall have the right to apply to any court of competent jurisdiction and/or to the Arbitral Tribunal for an order or award of interim, provisional or conservatory measures in order to maintain the status quo or to protect its rights or property pending arbitration pursuant to this Agreement or for the purpose of compelling a party to arbitrate and seeking temporary or preliminary relief in aid of an arbitration hereunder, and the parties any such application shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Perioddeemed incompatible with, or a waiver of, the relevant appointment parties’ agreement to arbitrate;
g. The Arbitral Tribunal shall be made have power to take whatever interim measures it deems necessary, including injunctive relief, specific performance and other equitable relief;
h. The award rendered by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal Arbitral Tribunal shall be final and binding upon between the parties thereto, and the prevailing party may apply not subject to a court of competent jurisdiction for appeal or other recourse; and
i. Recognition and enforcement of such award. Any party to any award rendered by the Dispute shall Arbitral Tribunal may be entitled to seek preliminary injunctive relief, if possible, from sought in any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudicationjurisdiction.
Appears in 2 contracts
Samples: Strategic Collaboration Agreement (Weichai America Corp.), Strategic Collaboration Agreement (Power Solutions International, Inc.)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) arising out of or of, relating to or in connection with this AgreementAgreement (including any dispute regarding its existence, validity or termination, or the interpretation, breach, termination, validity performance or invalidity thereof, breach of this Agreement) shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the otherand finally resolved by arbitration. The Dispute place of arbitration shall be settled by Hong Kong, and the arbitration in Hong Kong shall be administered by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (of the “HKIAC Rules”) in force at the time when of commencement of the arbitration. Arbitration Notice is submitted. proceedings (including any arbitral award rendered) shall be in English.
(b) The seat of arbitration shall be Hong Kong. There shall be decided by a tribunal of three (3) arbitrators. The complainant arbitration tribunal shall consist of three (3) arbitrators. The claimant shall select one arbitrator, and the respondent to such dispute shall each select one arbitrator. The third arbitrator, who shall be the presiding arbitrator, shall be jointly appointed by the claimant and respondent. If either the claimant or the respondent fails to select an arbitrator within thirty (30) days after giving or receiving the demand for arbitration (parties fail to agree on the “Selection Period”)choice of the third arbitrator, HKIAC shall make the appointment on their behalf. Such arbitrators tribunal shall be freely selectedhave no authority to award punitive or other punitive type damages. By agreeing to arbitration, none of the Parties intend to deprive any court of competent jurisdiction of its ability to issue any form of provisional remedy, including but not limited to a preliminary injunction or attachment in aid of the arbitration, or order any interim or conservatory measure.
(c) During the conduct of any arbitration proceedings pursuant to this Section 7.11, this Agreement shall remain in full force and effect in all respects except for the matter under arbitration and the parties shall not be limited continue to perform their obligations hereunder, except for those obligations involved in the matter under dispute, and to exercise their selection to any prescribed listrights hereunder.
(d) Section 2 of Schedule 2 of the Hong Kong Arbitration Ordinance (Cap. 609) (the “Ordinance”) shall apply with the modifications set forth in this Section 10.7(d). The chairman parties acknowledge that it is their desire, where there are two or more disputes, claims or arbitration proceedings arising from this Agreement and the other Transaction Documents, and where:
(i) some common question of law or fact arises;
(ii) the rights to relief claimed therein are in respect of or arise out of the HKIAC shall select same transaction or series of transactions; or
(iii) it is otherwise desirable for the third arbitrator. If either Court of First Instance of the High Court of Hong Kong to make an order under section 2 of Schedule 2 of the Ordinance, to have those arbitration proceedings consolidated and resolved by a single multi-party arbitration, provided that arbitration proceedings commenced under the Note may be consolidated with other disputes, claims or arbitration proceedings only to the arbitration fails to appoint an arbitrator extent that such consolidation is consistent with the Selection Period, the relevant appointment shall be made by the chairman form and manner of the HKIACconsolidation expressly provided for in Agreement. The arbitral proceedings shall be conducted in English. To the extent that the award made by HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 shall prevail. Each party to the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.parties
Appears in 2 contracts
Samples: Stock Purchase Agreement (Yu Dong), Stock Purchase Agreement (Twenty-First Century Fox, Inc.)
Dispute Resolution. (A) Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, termination or validity or invalidity thereofhereof, shall first be referred subject to resolution through consultation of the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one party hereto has delivered to the other party hereto a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration upon the demand request of either party to the dispute with notice (the “Arbitration Notice”) to the other. .
(B) The Dispute arbitration shall be settled by arbitration conducted in Hong Kong by under the auspices of the Hong Kong International Arbitration Centre (the “HKIACCentre”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong). There shall be three (3) arbitratorsa single arbitrator. The complainant and If the respondent parties do not agree to such dispute shall each select one appoint an arbitrator who has consented to participate within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman a notice of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Periodarbitration, the relevant appointment shall be made by the chairman Secretary General of the HKIAC. Centre.
(C) The arbitral arbitration proceedings shall be conducted in English. To The arbitration tribunal shall apply the extent that Arbitration Rules of the HKIAC Rules United Nations Commission on International Trade Law, as in effect at the time of the arbitration. However, if such rules are in conflict with the provisions of this Section 9.139.4, including the provisions concerning the appointment of the arbitrators, the provisions of this Section 9.13 9.4 shall prevail. .
(D) The arbitrator shall decide any dispute submitted by the parties to the arbitration strictly in accordance with the substantive Law of the State of New York and shall not apply any other substantive Law.
(E) Each party to the arbitration hereunder shall cooperate with each the other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such the other party in connection with such arbitral arbitration proceedings, subject only to any confidentiality obligations binding on such party. .
(F) The award of the arbitral arbitration tribunal shall be final and binding upon the parties theretodisputing parties, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. Any .
(G) Either party to the Dispute shall be entitled to seek preliminary injunctive relief, if possible, from any court of competent jurisdiction pending the constitution of the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute and under adjudication.
Appears in 2 contracts
Samples: Share Purchase Agreement (China Kanghui Holdings), Share Purchase Agreement (China Kanghui Holdings)
Dispute Resolution. (a) Any dispute, controversy or claim (each, a “Dispute”) request arising out of from or relating to this Agreement, the Agreement or the interpretation, breach, terminationtermination or validity hereof (each, validity or invalidity thereof, a “dispute”) shall be referred firstly resolved by the Parties through consultations. Negotiations shall begin immediately after the written notice requiring negotiations is sent by any party to any other parties.
(b) If the dispute fails to be resolved within sixty (60) days as of the notice, the dispute shall be submitted to arbitration upon the demand of either after any party to involved in the dispute with sends notice (the “Arbitration Noticenotice of arbitration”) to the other. other parties for arbitration.
(c) The Dispute dispute shall be settled by arbitration in Hong Kong by submitted to the Hong Kong International Arbitration Centre (the “HKIAC”) for arbitration in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and arbitrators appointed in accordance with the respondent to such dispute HKIAC arbitration rules then in effect (“Arbitration Rules”), unless otherwise expressly provided in this Article 12.4(c).The Buyer shall appoint one arbitrator; each select one Warrantor shall jointly appoint an arbitrator within thirty ten (3010) days after giving or receiving the demand for arbitration (Buyer has appointed an arbitrator; if an arbitrator cannot be designated under the “Selection Period”). Such arbitrators abovementioned conditions, the arbitrator shall be freely selected, designated by HKIAC; the third arbitrator shall be the presiding arbitrator and shall be jointly appointed by the arbitrators of the parties shall within ten (10) days after the latter arbitrator is appointed. If it is cannot be limited in their selection to any prescribed list. The chairman of appointed under the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Periodabove conditions, the relevant appointment arbitrator shall be made specified by the chairman of the HKIAC. Investment Agreement 28
(d) The arbitral proceedings arbitration procedures shall be conducted in EnglishChinese. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 9.13, including the provisions concerning the appointment of the arbitrators, this Section 9.13 The arbitral tribunal shall prevail. Each party to apply the arbitration shall cooperate with each other party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other party in connection with such arbitral proceedings, subject only to any confidentiality obligations binding on such party. rules.
(e) The award awards of the arbitral tribunal shall be are final and binding upon the parties thereto, and Parties; the prevailing party may apply to a court of competent jurisdiction for enforcement of such enforcing the award. .
(f) Any party to the Dispute dispute shall be entitled have the right, if feasible, to seek preliminary injunctive relief, if possible, from a temporary injunction relief in any court having jurisdiction.
(g) In the course of competent jurisdiction pending ruling the constitution of dispute by the arbitral tribunal. During the course of the arbitral tribunal’s adjudication of the Dispute, this Agreement shall continue to be performed except with respect to the part in dispute to be ruled, the Agreement shall continue being performed.
(h) Costs of arbitration (including any legal, accounting and other professional fees and expenses arising from the investigation, collection, prosecution and / or defence by the prevailing party for any request under adjudicationthe dispute) shall be borne by the losing party in accordance with the ruling of the arbitration tribunal.
Appears in 2 contracts
Samples: Investment Agreement (Changyou.com LTD), Investment Agreement (Sohu Com Inc)