Common use of Forum Selection; Arbitration Clause in Contracts

Forum Selection; Arbitration. Client hereby consents that all disputes, suits, actions, and claims (“Disputes”) related to or arising out of this Agreement shall be referred by Client and GIA to arbitration for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) persons. Each party shall have the right to designate one (1) member of the panel. The two selected members shall select the third member of the panel. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s intellectual property rights. The then-applicable rules of the Japan Commercial Arbitration Association (“Rules”) shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Arbitration Association and the case shall be administered by the Japan Commercial Arbitration Association according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight (8) weeks from the closing of the hearing if there are special circumstances). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its attorneys’ fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in Tokyo, Japan. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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Forum Selection; Arbitration. Client hereby consents that all disputes, suits, actions, and claims (“Disputes”) related to or arising out of this Agreement shall be referred by Client and GIA to arbitration for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) persons. Each party shall have the right to designate one (1) member of the panel. The two selected members shall select the third member of the panel. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s intellectual property rights. The then-applicable rules of the Japan Commercial Thai Arbitration Association Institute (“Rules”) shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Thai Arbitration Association Institute, Ministry of Justice and the case shall be administered by the Japan Commercial Thai Arbitration Association Institute according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The Unless otherwise agreed by the parties in writing, the award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight thirty (8) weeks 30) calendar days from the closing of the hearing if there are special circumstanceshearing). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its attorneys’ fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in TokyoBangkok, JapanThailand. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.

Appears in 1 contract

Samples: Client Agreement

Forum Selection; Arbitration. Client hereby consents that all disputes, suits, actions, and claims (“Disputes”) related to or arising out of this Agreement shall be referred by Client and GIA to arbitration for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) persons. Each party shall have the right to designate one (1) member of the panel. The two selected members shall select the third member of the panel. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s intellectual property rights. The then-applicable rules of the Japan Commercial Thai Arbitration Association Institute (“Rules”) shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Thai Arbitration Association Institute, Ministry of Justice and the case shall be administered by the Japan Commercial Thai Arbitration Association Institute according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The Unless otherwise agreed by the parties in writing, the award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight thirty (8) weeks 30) calendar days from the closing of the hearing if there are special circumstanceshearing). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its attorneys’ fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in TokyoBangkok, JapanThailand. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction. The arbitrators may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both Client and GIA specifically agree to do so following initiation of the arbitration in a writing signed by authorized representatives of each party. Client may not be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.

Appears in 1 contract

Samples: Client Agreement

Forum Selection; Arbitration. Client SAMPLE You hereby consents consent that all disputes, suits, actions, and claims ("Disputes") related to or arising out of this Agreement shall be referred by Client you and GIA to arbitration for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) persons. Each party shall have the right to designate one (1) member of the panel. The two selected members shall select the third member of the panel. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s 's intellectual property rights. The then-applicable rules of the Japan Commercial Arbitration Association ("Rules") shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Arbitration Association and the case shall be administered by the Japan Commercial Arbitration Association according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight (8) weeks from the closing of the hearing if there are special circumstances). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its reasonable attorneys' fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in Tokyo, Japan. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction. If you and GIA (and all third parties as the case may be) all make a written request signed by each party to consolidate certain claims, the arbitrators may agree to consolidate such claims in their sole discretion. You agree not to act as a class representative or participate in a class action outside of Japan.

Appears in 1 contract

Samples: Client Agreement

Forum Selection; Arbitration. Client You hereby consents consent that all disputes, suits, actions, and claims ("Disputes") related to or arising out of this Agreement shall be referred by Client you and GIA to arbitration for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) persons. Each party shall have the right to designate one (1) member of the panel. The two selected members shall select the third member of the panel. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s 's intellectual property rights. The then-applicable rules of the Japan Commercial Thai Arbitration Association Institute ("Rules") shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Thai Arbitration Association Institute, Ministry of Justice and the case shall be administered by the Japan Commercial Thai Arbitration Association Institute according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The Unless otherwise agreed by the parties in writing, the award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight thirty (8) weeks 30) calendar days from the closing of the hearing if there are special circumstanceshearing). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its reasonable attorneys' fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in TokyoBangkok, JapanThailand. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.

Appears in 1 contract

Samples: Client Agreement

Forum Selection; Arbitration. Client hereby consents that all disputes, suits, actions, and claims (“Disputes”) related to or arising out of this Agreement shall be referred by Client and GIA to arbitration for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) persons. Each party shall have the right to designate one (1) member of the panel. The two selected members shall select the third member of the panel. All members of the panel must be members of the Botswana Institute of Arbitrators. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s intellectual property rights. The then-applicable rules of the Japan Commercial Arbitration Association Botswana Institute of Arbitrators (“Rules”) shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Arbitration Association Botswana Institute of Arbitrators and the case shall be administered by the Japan Commercial Arbitration Association Botswana Institute of Arbitrators according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The Unless otherwise agreed by the parties in writing, the award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight thirty (8) weeks 30) calendar days from the closing of the hearing if there are special circumstanceshearing). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its attorneys’ fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in TokyoGaborone, JapanBotswana. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction. The arbitrators may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both Client and GIA specifically agree to do so following initiation of the arbitration in a writing signed by authorized representatives of each party. Client may not be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.

Appears in 1 contract

Samples: Client Agreement

Forum Selection; Arbitration. Client 法院选择;仲裁。 SAMPLE You hereby consents consent that all disputes, suits, actions, and claims ("Disputes") related to or arising out of this Agreement shall be referred by Client you and GIA to arbitration for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) persons. Each party shall have the right to designate one (1) member of the panel. The two selected members shall select the third member of the panel. All members of the panel must be members of the Botswana Institute of Arbitrators. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s 's intellectual property rights. The then-applicable rules of the Japan Commercial Arbitration Association Botswana Institute of Arbitrators ("Rules") shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Arbitration Association Botswana Institute of Arbitrators and the case shall be administered by the Japan Commercial Arbitration Association Botswana Institute of Arbitrators according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The Unless otherwise agreed by the parties in writing, the award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight thirty (8) weeks 30) calendar days from the closing of the hearing if there are special circumstanceshearing). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its reasonable attorneys' fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in TokyoGaborone, JapanBotswana. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.. 您特此同意,您和GIA将因本协议产生✁或与之有关✁所有争议、起诉、诉讼和索赔("争议")提交给比利时仲裁和调 样品 解中心解决。本协议下要求进行✁任何仲裁应由三名仲裁员组成✁仲裁庭审理。双方有权分别指定一名仲裁员,然后由指定✁两名仲裁员选出第三名仲裁员。提交仲裁✁所有争议适用上述管辖法律。本协议不要求GIA将如下争议提交仲裁(i)本协议下对GIA✁欠款或(ii)侵犯 或不当使用GIA✁知识产权。除本条规定不同于仲裁规则✁外,本协议下✁仲裁适用比利时仲裁和调解中心届时有效✁规则("仲裁规则")。仲裁做出或提交✁决定或裁决应✁终局✁,对双方具有约束力。胜诉方可以向有管辖权✁法院提交该决定或裁决供确认。仲裁指定 机构为博茨瓦纳仲裁院,案件应由博茨瓦纳仲裁院✲据仲裁规则实施管理。仲裁庭✁决定由多数投票通过。仲裁庭不得做出惩罚性损害赔偿或为本协议禁止✁其他损害赔偿。仲裁庭可发布与上述适用法律一致✁禁令、实际履行或临时限制令。一方应在另一方在场时当面或通过向仲裁员和另一方提交书面文件与仲裁员沟通。除非双方另行书面同意,仲裁庭应及时做出裁决(无论如何不迟于审理结束后三十(30)个自然日)。除非双方另行书面同意,仲裁庭✁决定和裁决应理由充分,说明做出决定✁依据并应为书面形式。未在上述期限作出裁决不影响裁决✁效力。仲裁裁决应按照与一方对另一方胜诉程度相对应✁方式,在双方之间分摊仲裁员费用和仲裁费用。胜诉方可取得因本协议项下任何争议所发生✁律师费和相关费用✁补偿。胜诉方系指获得净金钱补偿✁一方、获得对本方有利✁驳回对方请求之决定✁✲申请人、申请人和✲申请人均未获得任何救济情况下✁✲申请人,以及申请人未能从✲申请人获得补偿情况下✁✲申请人。仲裁地点在博茨瓦纳哈博罗内。双方有权按照仲裁规则或其他规定要求✲露证据。全部仲裁程序应用英语进行,仲裁决定和记录应用英语书写。✲据本条规定进行✁全部仲裁程序以及做出✁任何裁决或决定在双方之间视为保密。如果任何一方诚信认为对于该等仲裁程序所提交✁任何文件或提供✁证词含有保密信息或商业秘密,双方应进行善意磋商,以就这些材料和证词✁保密条款和条件达成协议。如果双方不能就该等条款达成协议,仲裁员有权施加适当限制,对仲裁相关✁任何保密信息或商业秘密进行保密。尽管按本条要求将争议提交仲裁,对争议进行仲裁不禁止任何一方向有管辖权✁法院寻求禁令或其他衡平救济。 The arbitrators may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and GIA specifically agree to do so following initiation of the arbitration in a writing signed by authorized representatives of each party. You may not be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. 仲裁员不应合并多人或多个实体✁诉求,亦不应负责审理集体或代表制诉讼或诉求(如集体诉讼、合并诉讼或律师代表全面诉讼),除非您和GIA在仲裁启动后由双方授权代表签署书面文件同意这么做。您不应✁集体代表、集体成员或以其他方式参与集体、合并或代表诉讼。

Appears in 1 contract

Samples: Client Agreement

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Forum Selection; Arbitration. Client hereby consents that all disputes, suits, actions, and claims (“Disputes”) related to or arising out of this Agreement shall be referred by Client and GIA to arbitration for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) persons. Each party shall have the right to designate one (1) member of the panel. The two selected members shall select the third member of the panel. All members of the panel must be members of the Botswana Institute of Arbitrators. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s intellectual property rights. The then-applicable rules of the Japan Commercial Arbitration Association Botswana Institute of Arbitrators (“Rules”) shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Arbitration Association Botswana Institute of Arbitrators and the case shall be administered by the Japan Commercial Arbitration Association Botswana Institute of Arbitrators according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The Unless otherwise agreed by the parties in writing, the award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight thirty (8) weeks 30) calendar days from the closing of the hearing if there are special circumstanceshearing). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its attorneys’ fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in TokyoGaborone, JapanBotswana. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.

Appears in 1 contract

Samples: Client Agreement

Forum Selection; Arbitration. Client SAMPLE You hereby consents consent that all disputes, suits, actions, and claims ("Disputes") related to or arising out of this Agreement shall be referred by Client you and GIA to arbitration for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) persons. Each party shall have the right to designate one (1) member of the panel. The two selected members shall select the third member of the panel. All members of the panel must be members of the Botswana Institute of Arbitrators. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s 's intellectual property rights. The then-applicable rules of the Japan Commercial Arbitration Association Botswana Institute of Arbitrators ("Rules") shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Arbitration Association Botswana Institute of Arbitrators and the case shall be administered by the Japan Commercial Arbitration Association Botswana Institute of Arbitrators according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The Unless otherwise agreed by the parties in writing, the award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight thirty (8) weeks 30) calendar days from the closing of the hearing if there are special circumstanceshearing). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its reasonable attorneys' fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in TokyoGaborone, JapanBotswana. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction. The arbitrators may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and GIA specifically agree to do so following initiation of the arbitration in a writing signed by authorized representatives of each party. You may not be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.

Appears in 1 contract

Samples: Client Agreement

Forum Selection; Arbitration. Client 法院选择;仲裁。 SAMPLE You hereby consents consent that all disputes, suits, actions, and claims ("Disputes") related to or arising out of this Agreement shall be referred by Client you and GIA to arbitration for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) persons. Each party shall have the right to designate one (1) member of the panel. The two selected members shall select the third member of the panel. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s 's intellectual property rights. The then-applicable rules of the Japan Commercial Arbitration Association ("Rules") shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Arbitration Association and the case shall be administered by the Japan Commercial Arbitration Association according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight (8) weeks from the closing of the hearing if there are special circumstances). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its reasonable attorneys' fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in Tokyo, Japan. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.. 您特此同意,您和GIA将因本协议产生✁或与之有关✁所有争议、起诉、诉讼和索赔("争议")提交给比利时仲裁和 样品 调解中心解决。本协议下要求进行✁任何仲裁应由三名仲裁员组成✁仲裁庭审理。双方有权分别指定一名仲裁员,然后由指定✁两名仲裁员选出第三名仲裁员。提交仲裁✁所有争议适用上述管辖法律。本协议不要求GIA将如下争议提交仲裁(i)本协议下应向GIA✯付✁欠款或(ii)侵犯或不当使用GIA✁知识产权。除本条规定不同于仲裁规则✁外,本协议下✁仲裁适用比利时仲裁和调解中心届时有效✁规则("仲裁规则")。仲裁指定机构为日本商事仲裁协会,案件应由日本商事仲裁协会✲据仲裁规则实施管理。仲裁庭✁决定由多数投票通过。仲裁庭不得做出惩罚性损害赔偿或为本协议禁止✁其他损害赔偿。仲裁庭可发布与上述适用法律一致✁禁令、实际履行或临时限制令。一方应在另一方在场时当面或通过向仲裁员和另一方提交书面文件与仲裁员沟通。仲裁庭应及时做出裁决(不迟于5周,特别情况下,无论如何不迟于审理结束后8周)。除非双方另行书面同意,仲裁庭✁决定和裁决应理由充分,说明做出决定✁依据并应为书面形式。未在上述期限做出裁决不影响裁决✁效力。仲裁裁决应按照与一方对另一方胜诉程度相对应✁方式,在双方之间分摊仲裁员费用和仲裁费用。胜诉方可获得因本协议项下任何争议所发生✁律师费和相关费用✁补偿。胜诉方系指获得净金钱补偿✁一方、获得对本方有利✁驳回对方请求之决定✁✲申请人、申请人和✲申请人均未获得任何救济情况下✁✲申请人,以及申请人未能从✲申请人获得补偿情况下 ✁✲申请人。仲裁地点在日本东京。双方均有权进行仲裁规则或另行规定✁证据✲露。所有仲裁程序应以英文进行,仲裁决定和仲裁誊写记录应以英文编制。按照本条进行✁所有仲裁程序及由此得出✁任何裁决或决定应视为仲裁双方之间✁秘密。如果任何一方诚信认为对于该等仲裁程序所提交✁任何文件或提供✁证词含有保密信息或商业秘密,双方应进行善意磋商,以就这些材料和证词✁保密条款和条件达成协议。如果双方不能就该等条款达成协议,仲裁员有权施加适当限制,对仲裁相关✁任何保密信息或商业秘密进行保密。✃使 ✲据本条将争议提交仲裁,对争议进行仲裁不禁止任何一方向有管辖权✁法院寻求禁令或其他衡平救济。 If you and GIA (and all third parties as the case may be) all make a written request signed by each party to consolidate certain claims, the arbitrators may agree to consolidate such claims in their sole discretion. You agree not to act as a class representative or participate in a class action outside of Japan. 如果您和GIA(✲据情况还包括所有第三方)均签署书面文件请求合并若干诉求,仲裁员可自行决定同意合并这些诉求。您同意不在日本以外担任集体代表或参与集体诉讼。

Appears in 1 contract

Samples: Client Agreement

Forum Selection; Arbitration. Client You hereby consents consent that all disputes, suits, actions, and claims ("Disputes") related to or arising out of this Agreement shall be referred by Client you and GIA to arbitration before the Belgian centre for arbitration and mediation (Belgisch centrum voor arbitrage en mediatie" – "CEPANI") for settlement as provided in this Section. Any arbitration requested under this Agreement shall be heard and determined by a panel of three (3) personsarbitrators. Each party shall have the right to designate one (1) member arbitrator of the panel. The two selected members arbitrators shall select the third member arbitrator of the panel. All Disputes submitted to arbitration under this Agreement shall be governed by the governing law specified above. Nothing in this Agreement shall require GIA to submit to arbitration any Dispute regarding (i) amounts owed to GIA under this Agreement or (ii) infringement or misappropriation of GIA’s 's intellectual property rights. The then-applicable rules of the Japan Commercial Arbitration Association CEPANI ("Rules") shall apply to any arbitration under this Agreement, except to the extent the provisions of this Section vary therefrom. The appointing authority shall be the Japan Commercial Arbitration Association and the case shall be administered by the Japan Commercial Arbitration Association according to the Rules. Decisions of the panel shall be made by majority vote. The panel may not award punitive damages or other damages precluded in this Agreement. The panel may issue injunctions, specific performance, or temporary restraining orders consistent with the governing law set forth above. Each party shall communicate with the arbitrators only in the presence of the other party or by writing delivered to the arbitrators and to the other party. The award shall be made promptly by the panel (no later than five (5) weeks and in any event, no later than eight (8) weeks from the closing of the hearing if there are special circumstances). Unless otherwise agreed by the parties in writing, the decision and award by the panel shall be reasoned, explain the basis of the decision and be in writing. Any failure to render the award within the foregoing time period shall not affect the validity of such award. The decision or award rendered or made in connection with the arbitration shall be final and binding upon the parties thereto. The prevailing party may present the decision or award to any court of competent jurisdiction for confirmation, and such court shall enter forthwith an order confirming such decision or award. The arbitration award shall allocate the expenses of the arbitrator(s) and of the arbitration between the parties in a manner corresponding to the extent to which one (1) party prevails over the other. The prevailing party shall be entitled to recover its attorneys' fees and related costs arising out of any Dispute under this Agreement. The prevailing party shall be the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against a plaintiff who does not recover any relief against the defendant. The arbitration shall be conducted in Tokyo, JapanBrussels. The parties shall be entitled to discovery as provided in the Rules or as otherwise provided by the Rules. All arbitration proceedings shall be in English and the decision and a transcribed record of the arbitration shall be prepared in English. All arbitration proceedings undertaken pursuant to this Section and any awards or decisions resulting therefrom shall be deemed to be confidential between the parties thereto. To the extent either party maintains in good faith that any documents submitted or testimony introduced in connection with such arbitration contains confidential information or trade secrets, the parties shall negotiate in good faith in an effort to reach agreement regarding terms and conditions for keeping such materials and testimony confidential. If the parties are unable to agree upon such terms, the arbitrators shall have the right to impose appropriate restrictions to maintain the confidentiality of any confidential information or trade secrets in connection with the arbitration. Although a Dispute has been submitted to arbitration as provided in this Section, the arbitration of such Dispute shall not prohibit either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.. SAMPLE

Appears in 1 contract

Samples: Client Agreement

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