Common use of Governing Law; Dispute Resolution; Jurisdiction Clause in Contracts

Governing Law; Dispute Resolution; Jurisdiction. This Agreement shall be interpreted, construed and governed by and in accordance with the laws of New York without regard to the conflicts of law principles thereof. Subject to the last sentence of this Section 7.7, any action arising out of or relating to this Agreement or its subject matter (including a dispute regarding the existence, validity, formation, effect, interpretation, performance or termination of this Agreement) shall be submitted to HKIAC and resolved in accordance with the Administrative Arbitration Rules of HKIAC. 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) shall nominate jointly one Arbitrator; the respondent(s) 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 or agree the joint nomination of an Arbitrator or the third Arbitrator within the time limits specified by the Administrative Arbitration Rules of HKIAC, 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.

Governing Law; Dispute Resolution; Jurisdiction. This Agreement shall be interpreted, construed construed, performed and governed by and enforced in accordance with the laws Laws of the State of New York without regard giving effect to its principles or rules of conflict of laws to the conflicts extent such principles or rules would require or permit the application of law principles thereofthe Laws of another jurisdiction. Subject to In the last sentence of this Section 7.7, event any action arising dispute arises among the parties hereto out of or relating in relation to this Agreement or its subject matter (Agreement, including a any dispute regarding the existenceits breach, termination or validity, formationthe parties shall attempt in the first instance to resolve such dispute through friendly consultations. If any dispute has not been resolved by friendly consultations within thirty (30) days after any party has served written notice on the other parties requesting the commencement of such consultations, effect, interpretation, performance or termination of this Agreement) shall then any party may demand that the dispute be submitted to HKIAC and resolved finally settled by arbitration in accordance with the Administrative following provisions of this Section 6.7. The arbitration shall be conducted by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when a notice of HKIACarbitration is submitted. The place seat and venue of the arbitration shall be Hong Kong. The official Kong and the language of the arbitration shall be English English. There shall be three arbitrators. One arbitrator shall be nominated by the claimant(s) and one arbitrator shall be nominated by the arbitration tribunal shall consist of three arbitrators (each, an “Arbitrator”respondent(s). The claimant(s) shall nominate jointly one Arbitrator; the respondent(s) 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 If either the claimant(s) or respondent(s) or shall abstain from nominating their arbitrator, the first HKIAC shall appoint such arbitrator. The two Arbitrators arbitrators so chosen shall select a third arbitrator; provided that if such two arbitrators shall fail to nominate or choose a third arbitrator within thirty (30) days after such two arbitrators have been selected, the HKIAC, upon the request of any party, shall appoint a third arbitrator. The third arbitrator shall be the presiding arbitrator. The parties agree that the joint nomination arbitration shall be kept confidential and that the existence of an Arbitrator the proceeding and any element of it shall not be disclosed beyond the tribunal, the parties, their legal and professional advisers, and any Person necessary for the conduct of the arbitration, unless otherwise required by Law or the third Arbitrator within the time limits specified by the Administrative Arbitration Rules of HKIAC, such Arbitrator shall be appointed promptly by the HKIACparties hereto otherwise agree in writing. The parties agree that all documents and evidence submitted in the arbitration tribunal (including without limitation any statements of case and any interim or final award, as well as the fact that an arbitral award has been made) shall have no authority remain confidential both during and after any final award that is rendered unless otherwise required by Law or the parties hereto otherwise agree in writing. Upon and after the submission of any dispute to award punitive or other punitive-type damagesarbitration, the parties shall continue to exercise their remaining respective rights, and fulfill their remaining respective obligations under this Agreement, except insofar as the same may relate directly to the matters in dispute. The parties hereby agree that any arbitration award rendered in accordance with the provisions of the arbitration tribunal this Section 6.7 shall be final and binding upon them, and the disputing parties. Any party to an parties further agree that such award may apply to be enforced by any court of competent having jurisdiction for enforcement over the party against which the award has been rendered or the assets of such party wherever the same may be located. In any arbitration proceeding, any legal proceeding to enforce any arbitration award and, for purposes of the enforcement of such award, and in any other legal proceeding among the parties irrevocably pursuant to or relating to this Agreement, each party expressly waives the defense of sovereign immunity and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defenses to such enforcement other defense based on lack the fact or allegation that it is an agency or instrumentality of personal jurisdiction a sovereign state or inconvenient forumis otherwise entitled to immunity.

Governing Law; Dispute Resolution; Jurisdiction. This Agreement shall be interpreted, construed construed, performed and governed by and enforced in accordance with the laws Laws of the State of New York without regard giving effect to its principles or rules of conflict of laws to the conflicts extent such principles or rules would require or permit the application of law principles thereofthe Laws of another jurisdiction. Subject to In the last sentence of this Section 7.7, event any action arising dispute arises among the parties hereto out of or relating in relation to this Agreement or its subject matter (Agreement, including a any dispute regarding the existenceits breach, termination or validity, formationthe parties shall attempt in the first instance to resolve such dispute through friendly consultations. If any dispute has not been resolved by friendly consultations within thirty (30) days after any party has served written notice on the other parties requesting the commencement of such consultations, effect, interpretation, performance or termination of this Agreement) shall then any party may demand that the dispute be submitted to HKIAC and resolved finally settled by arbitration in accordance with the Administrative Arbitration Rules following provisions of HKIACthis Section 6.7. The place arbitration shall be conducted in accordance with the Hong Kong International Arbitration Centre (“HKIAC”) Administered Rules in force when a notice of arbitration is submitted. The seat and venue of the arbitration shall be Hong Kong. The official Kong and the language of the arbitration shall be English English. The appointing authority shall be the HKIAC. There shall be three arbitrators. One arbitrator shall be nominated by the claimant(s) and one arbitrator shall be nominated by the arbitration tribunal shall consist of three arbitrators (each, an “Arbitrator”respondent(s). The claimant(s) shall nominate jointly one Arbitrator; the respondent(s) 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 If either the claimant(s) or respondent(s) or shall abstain from nominating their arbitrator, the first HKIAC shall appoint such arbitrator. The two Arbitrators arbitrators so chosen shall select a third arbitrator; provided that if such two arbitrators shall fail to nominate or choose a third arbitrator within thirty (30) days after such two arbitrators have been selected, the HKIAC, upon the request of any party, shall appoint a third arbitrator. The third arbitrator shall be the presiding arbitrator. The parties agree that the joint nomination arbitration shall be kept confidential and that the existence of an Arbitrator the proceeding and any element of it shall not be disclosed beyond the tribunal, the parties, their legal and professional advisers, and any Person necessary for the conduct of the arbitration, unless otherwise required by Law or the third Arbitrator within the time limits specified by the Administrative Arbitration Rules of HKIAC, such Arbitrator shall be appointed promptly by the HKIACparties hereto otherwise agree in writing. The parties agree that all documents and evidence submitted in the arbitration tribunal (including without limitation any statements of case and any interim or final award, as well as the fact that an arbitral award has been made) shall have no authority remain confidential both during and after any final award that is rendered unless otherwise required by Law or the parties hereto otherwise agree in writing. Upon and after the submission of any dispute to award punitive or other punitive-type damagesarbitration, the parties shall continue to exercise their remaining respective rights, and fulfill their remaining respective obligations under this Agreement, except insofar as the same may relate directly to the matters in dispute. The parties hereby agree that any arbitration award rendered in accordance with the provisions of the arbitration tribunal this Section 6.7 shall be final and binding upon them, and the disputing parties. Any party to an parties further agree that such award may apply to be enforced by any court of competent having jurisdiction for enforcement over the party against which the award has been rendered or the assets of such party wherever the same may be located. In any arbitration proceeding, any legal proceeding to enforce any arbitration award and, for purposes of the enforcement of such award, and in any other legal proceeding among the parties irrevocably pursuant to or relating to this Agreement, each party expressly waives the defense of sovereign immunity and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defenses to such enforcement other defense based on lack the fact or allegation that it is an agency or instrumentality of personal jurisdiction a sovereign state or inconvenient forumis otherwise entitled to immunity.

Governing Law; Dispute Resolution; Jurisdiction. This Agreement shall be interpreted, construed construed, performed and governed by and enforced in accordance with the laws Laws of the State of New York without regard giving effect to its principles or rules of conflict of laws to the conflicts extent such principles or rules would require or permit the application of law principles thereofthe Laws of another jurisdiction. Subject to the last sentence of this Section 7.76.7 , any action disputes, actions and proceedings against any party hereto or arising out of or in any way relating to this Agreement or its subject matter (including a dispute regarding the existence, validity, formation, effect, interpretation, performance or termination of this Agreement) shall be submitted to the Hong Kong International Arbitration Centre (“ HKIAC ”) and resolved in accordance with the Administrative Arbitration Rules of HKIACHKIAC (the “ Rules ”) in force at the relevant time and as may be amended by this Section 6.7 . 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 (3) arbitrators (each, an “Arbitrator“ Arbitrator ”). 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 nominated jointly by the first two (2) Arbitrators and shall serve as chairman of the arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two (2) Arbitrators shall fail to nominate or agree the joint nomination of an Arbitrator or the third (3rd) Arbitrator within the time limits specified by the Administrative Arbitration Rules of HKIACRules, 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.

Governing Law; Dispute Resolution; Jurisdiction. This Agreement shall be interpreted, construed construed, performed and governed by and enforced in accordance with the laws Laws of the State of New York without regard giving effect to its principles or rules of conflict of laws to the conflicts extent such principles or rules would require or permit the application of law principles thereofthe Laws of another jurisdiction. Subject to the last sentence of this Section 7.76.7, any action disputes, actions and proceedings against any party hereto or arising out of or in any way relating to this Agreement or its subject matter (including a dispute regarding the existence, validity, formation, effect, interpretation, performance or termination of this Agreement) shall be submitted to HKIAC the Hong Kong International Arbitration Centre (“HKIAC”) and resolved in accordance with the Administrative Arbitration Rules of HKIACHKIAC (the “Rules”) in force at the relevant time and as may be amended by this Section 6.7. 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 (3) arbitrators (each, an “Arbitrator”). 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 nominated jointly by the first two (2) Arbitrators and shall serve as chairman of the arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two (2) Arbitrators shall fail to nominate or agree the joint nomination of an Arbitrator or the third (3rd) Arbitrator within the time limits specified by the Administrative Arbitration Rules of HKIACRules, 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.