ICC Arbitration. If the parties are unable to resolve any Dispute pursuant Section 14.2 above and except as otherwise specified in Section 9.3(b)(i), the Dispute shall be finally settled under the Rules of Arbitration (the “Rules”) of the International Chamber of Commerce (“ICC”) by three (3) arbitrators designated by the parties. Each party shall designate one arbitrator. The third arbitrator shall be designated by the two arbitrators designated by the parties. If either party fails to designate an arbitrator within thirty (30) days after the filing of the Dispute with the ICC, such arbitrator shall be appointed in the manner prescribed by the Rules. An arbitration proceeding hereunder shall be conducted in London, U.K., and shall be conducted in the English language. The decision or award of the arbitrators shall be in writing and is final and binding on both parties. The arbitration panel shall award the prevailing party its attorneys’ fees and costs, arbitration administrative fees, panel member fees and costs, and any other costs associated with the arbitration, the enforcement of any arbitration award and the costs and attorney’s fees involved in obtaining specific performance of an award; provided, however, that if the claims or defenses are granted in part and rejected in part, the arbitration panel shall proportionately allocate between the parties those arbitration expenses in accordance with the outcomes; provided, further, that the attorney’s fees and costs of enforcing a specific performance arbitral award shall always be paid by the non-enforcing party, unless the applicable action was determined to be without merit by final, non-appealable decision. The arbitration panel may only award damages as provided for under the terms of this Agreement and in no event may punitive, consequential and special damages (or as otherwise specified in this Agreement, including, without limitation, Section 10.3) be awarded. In the event of any conflict between the Rules and any provision of this Agreement, this Agreement shall govern.
ICC Arbitration. All disputes directly arising under this PCA (other than disputes relating to the infringement and/or validity of IPR which shall be the exclusive jurisdiction of the competent court), which cannot be settled amicably, shall be [START OF OPTION] submitted to settlement proceedings under the International Chamber of Commerce ADR Rules. If the dispute has not been settled pursuant to the said Rules within ninety (90) days following the filing of a Request for ADR or within such other period as the Parties may agree in writing, such dispute shall be finally [END OF OPTION] settled under the rules of arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules of arbitration. The place of arbitration shall be Brussels, Belgium / ……………, ……... The chairman of such arbitration shall be of legal education. The arbitral proceedings shall be conducted in English. The award of the arbitration will be final and binding upon the Parties. The foregoing shall be without prejudice to the right of any Part to seek injunctive relief or other non-monetary relief before any court in any place where any unauthorised use of its Intellectual Property Rights, trade secrets or Sensitive Information occurs or threatens to occur. [END OF OPTION 2] [START OF OPTION ]
ICC Arbitration. Any disputes arising out of or in connection with this Agreement, including specifications and any question regarding its existence, validity, breach, violation or termination, shall be exclusively and finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce effective January 1st 1998 in the then applicable form ("ICC Rules") by three arbitrators (the "Arbitral Tribunal") appointed in accordance with the said Rules. Any award granted by the Arbitral Tribunal shall be final, binding and enforceable against the Parties. The arbitration shall at all times be held in the English language, provided, however, that (i) a Party may submit documents in the German language and such submitted documents will only be translated into the English language if the Arbitral Tribunal or a Party so requests, and (ii) that the cost of translation of any such German language documents shall be at the sole expense of the Party submitting such documents. Any arbitration arising pursuant to this Agreement shall be held in New York, N.Y., and discovery shall only be admissible to the extent permitted under or not prohibited under Art. 20 of the ICC-Rules and agreed upon by the Parties who shall cooperate with one another at the outset of the proceeding to define the extent of discovery reasonably needed to complete the proceeding. The procedural law of the State of New York shall otherwise be applied to any proceedings held in connection with said arbitration. Judgment upon an award rendered by the Arbitrator shall be binding and may be entered in any court with appropriate jurisdiction, and the Parties consent to jurisdiction therein for the purpose of such enforcement. Notwithstanding anything to the contrary contained in this Agreement or elsewhere, each of the parties hereby acknowledges and expressly agrees that any breach by it of this Agreement, which does or may result in loss of confidentiality or improper use of Confidential Information, would cause irreparable harm to the other party for which money damages would not be an adequate remedy. Therefore, each of the Parties hereby agree, that in the event of any breach of this Agreement by it, the non-breaching Party will have the right to seek injunctive relief in a court of competent jurisdiction against continuing or further breach by the breaching Party, without the necessity of proof of actual damages, in addition to any other right which either Party may have under this A...
ICC Arbitration. If an attempt at settlement has failed, the Dispute shall be finally settled by final and binding arbitration under the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”). The Rules are deemed to be incorporated by reference into this clause. The party desiring to commence arbitration shall provide a written request (an “Arbitration Request”) to the other party and to the ICC in accordance with the SPANSION - ChipMOS CONFIDENTIAL SPANSION - ChipMOS Assembly and Test Services Agreement Rules. The number of arbitrators shall be three (such arbitrators, collectively, the “Arbitral Tribunal”). Each of Supplier and SPANSION shall nominate one arbitrator and send written notice of that nomination to the other party within thirty (30) days after the date of the Arbitration Request. In the event that either party fails to nominate its arbitrator or send written notice of that nomination to the other party within such time period, the ICC shall instead nominate that arbitrator within thirty (30) days after receipt of a written notice from either party indicating the other party’s failure to comply with the foregoing provision. Within thirty (30) days after their confirmation, the first two arbitrators shall nominate the third arbitrator, who shall serve as the Chairperson of the Arbitral Tribunal. If the first two arbitrators fail to nominate the third arbitrator within such time period, the third arbitrator shall be nominated by the ICC and shall serve as the Chairperson of the Arbitral Tribunal.
ICC Arbitration. All disputes arising in connection with this DAF Purchase Agreement will be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (the “ICC Rules”) by three arbitrators appointed in accordance with the ICC Rules. The place of arbitration will be New York, New York, U.S.A. The arbitrators will determine the matters in dispute in accordance with New York law. The arbitration will be conducted in English. The award of the arbitrators (i) will be the exclusive remedy between the parties regarding any claims, counterclaims, issues or accounting presented or pled to the arbitrators; and (ii) will be made, and will be promptly payable, in dollars, free of any tax, deduction or offset. Punitive, consequential or incidental damages will not be awarded. The award will include interest from the date of any damages incurred for breach of the contract, and from the date of the award until paid in full, at a rate to be fixed by the arbitrators, but in no event less than the LIBOR Rate. Notices in connection with the arbitration will be governed by Section 11.9. To the extent a party to this DAF Purchase Agreement is a Government Entity or is owned in whole or in part by a Government Entity, it hereby irrevocably waives any claim to immunity, whether now existing or hereafter acquired, in regard to any proceedings in connection with an arbitration or arbitral award pursuant to this DAF Purchase Agreement, including immunity from service of process, immunity from pre- or post-judgment attachment, immunity from jurisdiction of any court, and immunity of any of its property from execution.
ICC Arbitration. All disputes arising out of or in connection with this Agreement and relating to the parties’ rights and obligations in connection with this Agreement, including without limitation the validity of this arbitration agreement and the arbitrability of the issues submitted to arbitration hereunder, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “Rules”).
ICC Arbitration. Any dispute arising out of or in connection with this Agreement or its negotiation shall be finally settled following the Rules of Arbitration of the International Chamber of Commerce as in force at the time of initiation of the arbitral procedure, by arbitrators appointed in accordance with these Rules. The arbitration panel shall be composed of three arbitrators, unless the disputing parties agree on a greater odd number of arbitrators. The arbitration shall be held in Brussels. The proceedings and award shall be in the English language. The arbitral award shall be final and binding on the Parties. The Parties agree that the arbitrators validly appointed shall not be allowed to impose (without intervention of the Parties) the termination of this Agreement as the solution to said dispute.
ICC Arbitration. Unless agreed otherwise between the concerned Parties, all disputes directly arising under this CA (other than disputes relating to the infringement and/or validity of IPR which shall be the exclusive jurisdiction of the competent court), which cannot be settled amicably, shall be settled under the rules of arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said rules of arbitration. The foregoing shall be without prejudice to the right of any Party to seek injunctive relief or other equitable compensation before any court in any place where any unauthorized use of its Intellectual Property Rights or Confidential Information occurs or threatens to occur.
ICC Arbitration. Xxx disputes directly arising under this CA (other than disputes relating to the infringement and/or validity of IPR which shall be the exclusive jurisdiction of the competent court), which cannot be settled amicably, shall be settled under the rules of arbitration of the lnternational Chamber of Commerce by three arbitrators appointed in accordance with the said rules of arb tration. The foregoing shall be without prejudice to the right of any Part to seek injunctive relief or ether equitable compensation before any court in any place where any unauthorized use of its lntellectual Property Rights or Confidential lnformation occurs or threatens to occur. DREAM CONSORTIUM AGREEMENT Page 21 from 28 Section 12: Signatures ASWITNESS: The Parties have caused this CA to be duly signed by the undersigned authorised representatives in separate signature pages the day and year first above written.
ICC Arbitration. All disputes arising in connection with the present Contract shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules.
