International Arbitration Sample Clauses

International Arbitration. 10.2.1 The Parties (other than Escrow Agent and Collateral Agent) agree that any dispute, controversy or claim arising out of, relating to or in connection with a Designated Matter (each a “Dispute”), shall be finally settled by binding international arbitration in New York, New York, before a tribunal of three arbitrators (the “Tribunal”). The arbitration shall be administered by the International Court of Arbitration of the International Chamber of Commerce (the “ICC”) in accordance with the ICC Rules of Arbitration (the “ICC Rules”) as in effect at the time of the arbitration, except as they may be modified herein or by agreement of the Parties (other than Escrow Agent and Collateral Agent). The place of arbitration shall be New York City, New York. Notwithstanding anything to the contrary in this Agreement, the arbitration provisions set forth in this Agreement, and any arbitration conducted thereunder, shall be governed exclusively by the Federal Arbitration Act, Title 9 United States Code to the exclusion of any state or municipal law of arbitration. 10.2.2 The arbitration shall be conducted in the English language. Notwithstanding the foregoing, any Arbitrating Party may submit testimony or documentary evidence in any other language; provided that the Arbitrating Party submitting such evidence, at its own cost, also furnishes to the other Arbitrating Party or Arbitrating Parties, as applicable, a translation of such testimony or evidence into the English language. 10.2.3 In the event that there are two Parties to the Dispute, each Party to the arbitration (each an “Arbitrating Party”) shall nominate one arbitrator, obtain its nominee’s acceptance of such nomination, and deliver written notification of such nomination and acceptance to the other Arbitrating Party and the ICC within 30 days after delivery of the request for arbitration. In the event an Arbitrating Party fails to nominate an arbitrator or deliver notification of such nomination to the other Arbitrating Party and the ICC within this time period, upon request of either Arbitrating Party, such arbitrator shall instead be appointed by the ICC within 30 days of receiving such request. The Arbitrating Parties shall use reasonable best efforts to agree upon a third arbitrator within 40 days after delivery of the request for arbitration. If the Arbitrating Parties are unable to agree upon a third arbitrator within this time period, then the two arbitrators appointed in accordance with the abov...

International Arbitration. In the event one of the Parties is based outside the U.S., all such disputes shall be submitted, in the English language, to the International Court of Arbitration of the International Chamber of Commerce under the Rules of Arbitration of the International Chamber of Commerce as may be amended from time to time. The Emergency Arbitrator Provisions shall not apply. The International Bar Association’s Rules on the Taking of Evidence in International Commercial Arbitrations as may be amended from time to time shall be applied by the panel as guidelines but the panel shall have the right to limit, or exclude to a degree, allowable discovery in its discretion.

International Arbitration a. If a Dispute has not been resolved by the Two Presidents in accordance with the procedures set forth in Article 3 above, the Parties may agree to submit the matter to an ad hoc arbitral tribunal under this Article, or if no agreement is possible, either Party may, upon written notice to the other Party to the Dispute (a “Notice of Arbitration”), submit the matter to an ad hoc arbitral tribunal under this Article. b. The ad hoc arbitral tribunal shall be constituted as follows: c. The Party instituting the proceedings shall appoint one member of the tribunal and inform the other Party of its appointment within 15 days of receipt of the Notice of Arbitration by the other Party. d. Within thirty (30) days of the receipt of the Notice of Arbitration, the other Party to the dispute shall appoint a second member of the tribunal. If the appointment is not made within the time limit prescribed, the Party having instituted the proceedings may request that the appointment be made in accordance with the provision below. e. A third member, who shall be the President of the tribunal, shall be appointed by agreement of the Parties. That member shall be a citizen, or permanent resident of a third country, which has diplomatic relations with both the Republic of Sudan and the Republic of South Sudan or with neither. If, within sixty (60) days of the receipt of the Notice of Arbitration, the Parties are unable to agree on the appointment of a third member, that appointment shall be made in accordance with the provisions below at the request of either Party. f. Appointments requested to be made in accordance with sub-article (e) above shall be made by the Secretary-General of the Permanent Court of International Arbitration. If the Secretary-General is prevented from discharging this task, the appointments shall be made by the First Secretary of the Bureau. If the latter, in turn, is prevented from discharging this task, the appointments shall be made by the most senior Deputy. g. Appointments to the ad hoc arbitral tribunal shall be made with regard to the qualifications and experience, particularly in matters covered by this Agreement on Friendly Relations & Cooperation, of the members to be appointed. h. In the absence of any written agreement to the contrary between the Parties, the Arbitration Rules of United Nations Commission on International Trade Law (UNCITRAL) shall govern, except to the extent modified by Parties or by the arbitrators. The tribunal shall take ...

International Arbitration. It is the Parties’ intention that any arbitration pursuant to this Section 4.9 shall be an “international arbitration,” conducted under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) (the “New York Convention”). If at any time the United States or Japan ceases to be a signatory to the New York Convention, the Parties agree to execute an amendment to this Guaranty which shall ensure, to the fullest extent allowed by law, that the provisions and intent of the New York Convention applicable to this Guaranty are thereby incorporated into this Guaranty and become binding upon the Parties.

International Arbitration. The Rules were designed in the first instance for disputes between parties located in the United States; however, the Rules also are suitable for disputes involving parties located in different countries. In the transnational context it may be advisable to specify in the pre-dispute clause or the submission agreement: · the place of arbitration; · the language(s) in which the proceedings are to be conducted; · the substantive law governing the merits of the dispute; · the nationality of the arbitrator(s); and · the arbitration law which will govern. The parties also may consider certain modifications of the Rules when adopting them for transnational disputes. For instance, if the parties prefer that the functions assigned to CPR under Rule 6 and Rule 7.7 (b) be performed by another neutral organization or official, they may so provide. The suggested standard pre-dispute clause and submission agreement which precede the Rules may be modified and may be supplemented. It is desirable that the parties specify the place of arbitration and the law governing the contract and the arbitration. If a governing law is specified it may be advisable to state whether or not the conflict of laws rules of that law are included. In light of the decision of the United States Supreme Court in Volt Information Sciences, Inc. v Board of Trustees of Xxxxxx Xxxxxxxx Junior University, 000 X. Xx. 0000, _______ U.S. ________, No. 87-1318 (March 6, 1989), our Committee has inserted language in the standard pre-dispute clause and submission agreement to the effect that the governing law for the arbitration shall be the United States Arbitration Act. The laws of various jurisdictions differ on the question of whether arbitrators are empowered to award punitive damages. If the parties wish to preclude the arbitrators from awarding punitive or trebled damages, it would be advisable to include a provision to that effect in the pre-dispute clause or the submission agreement. As stated above, CPR as a rule considers it highly desirable for disputants to attempt to resolve their dispute without adjudication. Attached to this commentary as Appendix A are suggested contract clauses calling for negotiations or mediation before a dispute is submitted to arbitration. The pre-dispute clause and the submission agreement call for an election as to whether the Tribunal will be composed of · three arbitrators, of whom each party appoints one, and the two arbitrators thus appointed attempt to select t...

International Arbitration. Background Study Paper no. 25, Commission on Genetic Resources for Food and Agriculture Acting as Interim Committee for the Interna- tional Treaty, FAO, Rome, online: xxx://xxx.xxx.xxx/docrep/fao/meeting/014/aj344e.pdf (last accessed 10 October 2010). UK Law Commission (1996) Privity of Contract: Contracts for the Benefits of Third Parties. Report no. LC242, UK Law Commission, London, online: xxx.xxxxxx.xxx.xx/xxxx/ lc242.pdf (last accessed 10 October 2010).

International Arbitration. The notion of competence-competence is an important cornerstone of the international arbitration framework.

International Arbitration. (a) In the event of any dispute or difference arising out of or in connection with this Agreement or the breach or termination thereof, the Members shall attempt to settle any dispute or difference between or among them amicably. To this end, the Members shall consult and negotiate to reach a solution. Should the Members fail to reach a solution through such negotiations within thirty (30) days after any Member shall have given notice to the other Member of a dispute, any dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity, implementation, interpretation or termination, shall be determined by arbitration administered by the International Centre for Dispute Resolution (the “ICDR”) in accordance with its International Arbitration Rules (the “Rules”), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one, appointed by mutual consent of the Members. In case the Members disagree in relation to said appointment for more than forty-five (45) days after the commencement of the arbitration, the sole arbitrator will be appointed by the ICDR in accordance with the Rules. Any arbitrator so appointed by the ICDR will be of a nationality different than that of any Member (the “Arbitrator”). (b) The place of arbitration shall be Wilmington, Delaware and the language of the arbitration shall be English. The recognition and enforcement of any arbitral awards pursuant to this arbitration clause shall be governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958). (c) The Arbitrator shall provide written reasons for its final award and for any interim award and will not act as amiable compositeur or ex aequo et xxxx. The costs shall be apportioned between the Members as the Arbitrator shall decide in accordance with the Rules. The Members will keep the arbitral proceedings and awards confidential. The decision of the Arbitrator will be final and may not be appealed. (d) Notwithstanding the foregoing, a Member may pursue provisional remedies in a court of competent jurisdiction venued in the courts of the State of Delaware or the federal courts of the United States of America, in each case sitting in New Castle County, and each Member irrevocably consents to the personal jurisdiction and venue of such courts for any such provisional remedy sought by the other party from any such court. Each Memb...

International Arbitration. It is the Parties' intention that any arbitration pursuant to this Exhibit D shall be an "international arbitration," conducted under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) (the "New York Convention"). If at any time the United States or Japan ceases to be a signatory to the New York Convention, the Parties agree to execute an amendment to this Agreement which shall ensure, to the fullest extent allowed by law, that the provisions and intent of the New York Convention applicable to this Exhibit D are thereby incorporated into this Exhibit D and become binding upon the Parties. Pro Rata Shares1 SCE&G 55% Santee Xxxxxx 45% 1Note to Draft: Xxxx Xxxxx to provide. Westinghouse Electric Company LLC Toshiba Nuclear Energy Holdings (UK) Limited TSB Nuclear Energy Services Inc. Westinghouse Technology Licensing Company LLC Westinghouse International Technology LLC Xxxxxx and Associates LLC PaR Nuclear Holding Co., Inc. PaR Nuclear, Inc. WEC Welding and Machining, LLC WEC Equipment & Machining Solutions, LLC CE Nuclear Power International, Inc. WEC Engineering Services Inc. Westinghouse Energy Systems LLC Westinghouse Industry Products International Company LLC WEC Carolina Energy Solutions, LLC WEC Carolina Energy Solutions, Inc. PCI Energy Services LLC WEC Specialty LLC WECTEC LLC WECTEC Staffing Services LLC WECTEC Global Project Services Inc. Field Services, LLC Stone & Xxxxxxx International, Inc. Stone & Xxxxxxx Services LLC Stone & Xxxxxxx Asia Inc. Nuclear Technology Solutions LLC Xxxx Global Services, LLC Xxxx Nuclear Services, Inc. Stone & Xxxxxxx Construction Inc. WECTEC Contractors Inc. Payment DateIf any below date is a bank holiday in the United States or Japan, the next business day shall be the payment date for such payment. Monthly Payment Amounts (in millions) October 1, 2017 $ 150.00 November 1, 2017 32.50 December 1, 2017 32.50 January 1, 2018 32.50 February 1, 2018 32.50 March 1, 2018 32.50 April 1, 2018 23.50 May 1, 2018 23.50 June 1, 2018 23.50 July 1, 2018 23.50 August 1, 2018 23.50 September 1, 2018 23.50 October 1, 2018 23.50 November 1, 2018 23.50 December 1, 2018 23.50 January 1, 2019 23.50 February 1, 2019 23.50 March 1, 2019 37.50 April 1, 2019 37.50 May 1, 2019 37.50 June 1, 2019 37.50 July 1, 2019 37.50 August 1, 2019 37.50 September 1, 2019 37.50 October 1, 2019 37.50 November 1, 2019 37.50 December 1, 2019 37.50 January 1, 2020 37.50 February 1, 2020 37.50 March 1, 2020 3...

International Arbitration. In the latter case, the Parties will have the following options to submit the dispute to: i) The International Center for Settlement of Investment Disputes (ICSID), established by the Agreement on Settlement of Disputes between States and Nationals of Other States, opened for signature in Washington, DC, on March 18, 1965; or ii) an ad hoc tribunal established under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL).