Interpretation and Dispute Resolution. (a) Except as respects the exercise or prosecution of claims or causes of action for Equitable Relief, for which the Parties shall have the right to proceed in any court of appropriate jurisdiction, any Dispute not resolved pursuant to (as applicable) Sections 3.1(c)(iv), 7.1(b) or 9.1 between the Parties arising out of or relating to this Agreement, the Related Energy Sales Agreement, the Equipment Agreement, the relationship of the Parties created by those agreements, or the breach, validity or enforceability of those agreements shall be resolved by binding arbitration pursuant to the terms of the United States Arbitration Act, whether or not federal jurisdiction is obtained. Any and all arbitration(s) hereunder shall be conducted in Cincinnati, Ohio in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association.
Interpretation and Dispute Resolution. (a) Other than a claim for equitable relief, which may be brought to any court of competent jurisdiction, any claim or controversy between the Parties hereto arising out of or relating to this Agreement or the breach thereof which the Parties are unable to resolve pursuant to Section 10.1, shall be settled by arbitration pursuant to the terms of the United States Arbitration Act, whether or not federal jurisdiction is obtained. Notwithstanding the foregoing, the parties agree to preserve, without diminution, those remedies that any Party hereto may employ or exercise freely, independently or in connection with an arbitration proceeding or after an arbitration action is started. The Parties shall have the right to proceed in any court of appropriate jurisdiction to exercise or prosecute the following remedies, as applicable: (i) procedures for immediate relief such as a Seller’s remedies to stop goods in transit, withhold or refuse delivery, reclaim or replevy goods and resell goods, and Purchasers’ remedy of cover, or other remedy deemed reasonably appropriate by Purchasers to obtain coke supply; and (ii) procedures for obtaining equitable relief.
Interpretation and Dispute Resolution. (a) Any claim or controversy between the parties hereto arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in Chicago pursuant to the terms of the United States Arbitration Act, or failing federal jurisdiction, the law of the State of Illinois excluding choice of law rules;
Interpretation and Dispute Resolution. A. Any Dispute not resolved pursuant to Section 6.1 between the Parties arising out of or relating to this Agreement, or the breach, validity or enforceability of this Agreement shall be resolved by binding arbitration pursuant to the terms of the Federal Arbitration Act, whether or not federal jurisdiction is obtained. Any and all arbitration(s) hereunder shall be conducted in Cincinnati, Ohio in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association.
Interpretation and Dispute Resolution. A. Any Dispute not resolved pursuant to Section 6.1 between the Parties arising out of or relating to this Agreement, the Related Coke Purchase Agreement, the relationship of the Parties created by those agreements, or the breach, validity or enforceability of those agreements shall be resolved by binding arbitration pursuant to the terms of the United States Arbitration Act, whether or not federal jurisdiction is obtained. Any and all arbitration(s) hereunder shall be conducted in Cincinnati, Ohio in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association.
Interpretation and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws in force in the Emirate of Dubai and the federal laws of the United Arab Emirates. All disputes between the parties hereto in relation to or arising from this Agreement shall be referred to Dubai Courts. For the avoidance of doubt the DIFC laws are excluded and the DIFC courts shall have no jurisdiction in respect of this Agreement.
Interpretation and Dispute Resolution. This MoU is aimed at strengthening the existing cooperation between the Participants but in no way it replaces or amends bilateral or multilateral instruments in which the Participants are parties. This MoU will not affect the two countries’ respective rights and obligations under international law or impose any financial obligations on the Participants unless they expressly consent to do so, by writing and always subject to the approval of the competent authorities of each Participant. Any differences arising from the interpretation and implementation of this instrument shall be resolved in good faith, through consultation between the Participants.
Interpretation and Dispute Resolution. The validity, interpretation and enforcement of these terms and and Order will be governed by and construed in accordance with the laws of the United States and of the State of New York without giving effect to the conflicts of laws provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. In the event the Uniform Computer Information Transactions Act (UCITA) or any similar federal or state laws or regulations are enacted, it will not apply to this Agreement, and the governing law will remain as if such law or regulation had not been enacted. Each party agrees that if a dispute arises in the performance of this Agreement, the parties will make a good faith effort to amicably resolve any dispute before commencing any proceeding. Notwithstanding the foregoing, either party may take any action reasonably required to protect such party’s rights. Any dispute arising under this Agreement which is not resolved through the amicable consultation of the parties will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The arbitration will be held in Raleigh, North Carolina. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered in any court of competent jurisdiction. No claim or action, regardless of form, arising out of this these terms or an Order may be brought by either party more than one (1) year after the cause of action has accrued.
Interpretation and Dispute Resolution. The Parties agree that any action by any party concerning disputes relating to this Agreement, including as to its interpretation, may be brought only in the Supreme Court of the State of New York, New York County, and may be brought only after the parties have attempted in good faith to resolve such disputes through mediation before Xxxxxxxx Xxxxx (if available).
Interpretation and Dispute Resolution. Should any claim or cause of action arise out of or relate to this Coke Purchase Agreement, the Parties shall first convene a meeting of the Parties’ management in order to attempt in good faith to resolve such matter. In the event that the matter is not resolved within forty five (45) days after either Party notifies the other of the matter, the matter shall be settled by binding arbitration as set forth in this Article XI. Any claim or controversy between the parties hereto arising out of or relating to this Coke Purchase Agreement or the breach thereof shall be settled by arbitration in Chicago pursuant to the terms of the United States Arbitration Act, or failing federal jurisdiction, the law of the State of Indiana excluding choice of law rules. The arbitration shall be before a panel of three (3) arbitrators. Each Party shall appoint one of the three arbitrators within forty-five (45) days from receipt of notice of intent to arbitrate. The third arbitrator shall be chosen by the two Party-chosen arbitrators. The arbitration award by the arbitrators shall be final and binding, and may include costs, including reasonable attorney’s fees. The Parties hereby submit themselves to the jurisdiction of federal and state courts located in Cuyahoga County, Ohio for all matters relating to any arbitration hereunder. These courts as well as any other court of competent jurisdiction, shall have jurisdiction with respect to the enforcement of any arbitrable award and all other matters relating to any arbitration hereunder. Any arbitration hereunder shall be conducted in accordance with the rules of the American Arbitration Association, unless otherwise agreed by the Parties hereto. Upon settlement of a dispute or arbitration award, if it is determined that an amount is due from one Party to the other, then such amount will promptly be paid to the Party to whom it is due in addition to interest on any such amount accrued form the date such amount is determined to have been due through but excluding the date on which payment of such amount is made, at the Overdue Rate, as of the date such amount is determined to have been due.
