Form and Venue. Except as otherwise specifically provided in this Agreement, as otherwise required by a non-waivable provision of applicable law, or as otherwise agreed by the General Partner, any controversy, claim or other dispute arising out of or relating to this Agreement (including any dispute relating to the validity, scope or enforceability of this Section 10.13, the marketing or issuance of interests in the Partnership, or the admission of any Partner) shall be resolved exclusively through binding arbitration in accordance with the rules of either JAMS (f/k/a Judicial Arbitration and Mediation Services, Inc., xxx.xxxxxxx.xxx) or the American Arbitration Association (xxx.xxx.xxx), as determined by the General Partner in its sole discretion, and judgment upon an award arising in connection therewith may be entered in any court of competent jurisdiction. The Partners expressly acknowledge that, under the preceding sentence, they are, to the fullest extent permitted by law and except as otherwise agreed to in writing with the General Partner, waiving their right to a jury trial with regard to all matters for which arbitration is required. Any arbitration, mediation, court action, or other adjudicative proceeding arising out of or relating to this Agreement shall be held in New York, New York or, if such proceeding cannot be lawfully held in such location, as near thereto as applicable law permits. To the maximum extent permitted by applicable law, in any dispute relating to the obligation of a party to make indemnification payments, the burden of proof shall be upon the party seeking to avoid making such payments. The resolution of any controversy or claim described in this Section 10.13(a) shall be conducted in the English language and, to the maximum extent reasonably practicable, in a manner that preserves the confidentiality of Confidential Information and otherwise minimizes disruption to the operations of the Partnership. Notwithstanding any provision of this Agreement to the contrary, the General Partner is hereby authorized to acknowledge and agree to, on behalf of the Partnership and the Partners in respect of matters arising out of or otherwise relating to this Agreement, the sovereign immunity of a Limited Partner that is a sovereign government or governmental entity.
Form and Venue. (i) Any disputes, actions and proceedings against any party or arising out of or in any way relating to this Agreement shall be submitted to the Hong Kong International Arbitration Centre (“HKIAC”) and resolved in accordance with the Arbitration Rules of HKIAC in force at the relevant time (the “Rules”) and as may be amended by this Section 5. The place of arbitration shall be Hong Kong. The official language of the arbitration shall be English and the arbitration tribunal shall consist of three arbitrators (each, an “Arbitrator”). 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 nominated jointly by the first two Arbitrators and shall serve as chairman of the arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall fail to nominate an Arbitrator or agree on the joint nomination of the third Arbitrator, as applicable, within the time limits specified by the Rules, such Arbitrator shall be appointed promptly by the HKIAC. The arbitration tribunal shall have no authority to award punitive or other punitive-type damages. The award of the arbitration tribunal shall be final and binding upon the disputing parties. Any party to an award may apply to any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award, the parties irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
(ii) Notwithstanding the foregoing, the parties hereby 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 jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and a court or authority hearing an application for injunctive relief may apply the procedural law of the jurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Section 5(a)(ii) is only applicable to the seeking of interim injunctions and does not restrict the application of Section 5(a)(i) in any way.
Form and Venue. Except as otherwise specifically provided in this Agreement, any controversy or claim arising out of or relating to this Agreement, unless otherwise agreed to by the parties, shall be submitted to non-binding mediation in accordance with the rules of the American Arbitration Association before resorting to litigation. Any mediation or court action, or other adjudicative proceeding arising out of or relating to this Agreement shall be held in the appropriate state or federal jurisdiction in the United States of America or, if such proceeding cannot be lawfully held in such location, as near thereto as applicable law permits.
Form and Venue. Except as otherwise specifically provided in this Agreement, any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon an award arising in connection therewith may be entered in any court of competent jurisdiction. Any arbitration, mediation, court action, or other adjudicative proceeding arising out of or relating to this Agreement shall be held in Greenville County, South Carolina or, if such proceeding cannot be lawfully held in such location, as near thereto as applicable law permits.
