LAW AND ARBITRATION. This Agreement (including the agreement as to arbitration contained herein) and any dispute or claim arising out of or in connection with it (including disputes as to regarding its existence, validity or termination) or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by, and construed in accordance with, the substantive laws of England and Wales without reference to any choice of law principle that would result in the application of any other law. The Parties specifically acknowledge that the terms of this Agreement represent their sole and express intent, to the exclusion of any other intent, and they specifically disclaim the application of any provision of the applicable law, legal doctrine or principle that would permit variance or avoidance of these terms. Any Dispute will be referred to and finally resolved by arbitration under the rules of arbitration of the London Court of International Arbitration (the “LCIA”), which rules are deemed to be incorporated herein. The seat (or legal place) of arbitration will be London, England. The language of the arbitration will be English. The tribunal (the “Tribunal”) will consist of one arbitrator. The Parties shall jointly nominate the sole arbitrator within 30 days of the request for arbitration. If the Parties fail to agree on the sole arbitrator within such time, the LCIA court shall appoint the arbitrator on an expedited basis. Any award will be final and binding on the Parties and may be confirmed in, and judgment upon the award entered by, any court having jurisdiction. The Parties hereby waive any reference to the courts under Sections 45 and 69 of the Arbitration Xxx 0000. The Tribunal shall render a final award in any arbitration within six months of the appointment of the Tribunal by the LCIA court. This time limit may only be extended with the consent of the Parties or by the Tribunal for good cause shown, provided, that no award will be invalid even if it is not rendered within the time period herein specified, or not rendered within any extended period. At the earliest opportunity, the Tribunal shall, in consultation with the Parties, set out a procedural timetable for the service of pleadings and evidence. Any pleading or evidence served otherwise than in compliance with such timetable will be struck out by the Tribunal, unless the submitting Party shows good cause for the deviation and has been granted an appropriate extension by the Tribunal (ahead of the expiration of the relevant deadline), bearing in mind the effect such extension will or may have on the case timetable. The Parties agree that there will be a presumption that there will be no disclosure or discovery of documents, save for the documents that each Party intends to rely upon. To the extent that the Tribunal considers that it may be appropriate to order any document production beyond this, it will be guided by the IBA Rules of the Taking of Evidence in International Commercial Arbitration in doing so. The Parties agree that, if any provision of this Agreement is not performed in accordance with its terms, irreparable damage may occur and, notwithstanding this Section 15, the Party affected thereby is entitled to apply to the courts of England and Wales for an interim injunction to prevent such breach, or continuing breach, of this Agreement and/or specific performance of the provisions hereof, in addition to any other remedy available under English law, including those prescribed by Section 44 of the Arbitration Xxx 0000. The Parties agree that any application to the courts of England and Wales made hereunder is one of urgency, and legal proceedings may be immediately commenced in the English courts, notwithstanding that the arbitration procedure prescribed in this Section 15 has not yet been initiated. Any injunction or order so issued will be enforceable in any court having jurisdiction over any Party.
Appears in 3 contracts
Samples: Administrative Services Agreement, Administrative Services Agreement (Hoegh LNG Partners LP), Administrative Services Agreement (Hoegh LNG Partners LP)
LAW AND ARBITRATION. This Agreement (including the agreement as to arbitration contained herein) and any dispute or claim arising out of or in connection with it (including disputes as to regarding its existence, validity or termination) or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by, and construed in accordance with, the substantive laws of England and Wales without reference to any choice of law principle that would result in the application of any other law. The Parties specifically acknowledge that the terms of this Agreement represent their sole and express intent, to the exclusion of any other intent, and they specifically disclaim the application of any provision of the applicable law, legal doctrine doctrine, or principle that would permit variance or avoidance of these terms. Any Dispute will be referred to and finally resolved by arbitration under the rules of arbitration of the London Court of International Arbitration (the “LCIA”), which rules are deemed to be incorporated herein. The seat (or legal place) of arbitration will be London, England. The language of the arbitration will be English. The tribunal (the “Tribunal”) will consist of one arbitrator. The Parties shall jointly nominate the sole arbitrator within 30 days of the request for arbitration. If the Parties fail to agree on the sole arbitrator within such time, the LCIA court shall appoint the arbitrator on an expedited basis. Any award will be final and binding on the Parties and may be confirmed in, and judgment upon the award entered by, any court having jurisdiction. The Parties hereby waive any reference to the courts under Sections 45 and 69 of the Arbitration Xxx 0000. The Tribunal shall render a final award in any arbitration within six months of the appointment of the Tribunal by the LCIA court. This time limit may only be extended with the consent of the Parties or by the Tribunal for good cause shown, provided, that no award will be invalid even if it is not rendered within the time period herein specified, or not rendered within any extended period. At the earliest opportunity, the Tribunal shall, in consultation with the Parties, set out a procedural timetable for the service of pleadings and evidence. Any pleading or evidence served otherwise than in compliance with such timetable will be struck out by the Tribunal, unless the submitting Party shows good cause for the deviation and has been granted an appropriate extension by the Tribunal (ahead of the expiration of the relevant deadline), bearing in mind the effect such extension will or may have on the case timetable. The Parties agree that there will be a presumption that there will be no disclosure or discovery of documents, save for the documents that each Party intends to rely upon. To the extent that the Tribunal considers that it may be appropriate to order any document production beyond this, it will be guided by the IBA Rules of the Taking of Evidence in International Commercial Arbitration in doing so. The Parties agree that, if any provision of this Agreement is not performed in accordance with its terms, irreparable damage may occur and, notwithstanding this Section 15, the Party affected thereby is entitled to apply to the courts of England and Wales for an interim injunction to prevent such breach, or continuing breach, of this Agreement and/or specific performance of the provisions hereof, in addition to any other remedy available under English law, including those prescribed by Section 44 of the Arbitration Xxx 0000. The Parties agree that any application to the courts of England and Wales made hereunder is one of urgency, and legal proceedings may be immediately commenced in the English courts, notwithstanding that the arbitration procedure prescribed in this Section 15 has not yet been initiated. Any injunction or order so issued will be enforceable in any court having jurisdiction over any Party.
Appears in 3 contracts
Samples: Administrative Services Agreement, Administrative Services Agreement (Hoegh LNG Partners LP), Administrative Services Agreement (Hoegh LNG Partners LP)
LAW AND ARBITRATION. This Agreement (including the agreement as to arbitration contained herein) and any dispute or claim arising out of or in connection with it (including disputes as to regarding its existence, validity or termination) or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by, and construed in accordance with, the substantive laws of England and Wales without reference to any choice of law principle that would result in the application of any other law. The Parties specifically acknowledge that the terms of this Agreement represent their sole and express intent, to the exclusion of any other intent, and they specifically disclaim the application of any provision of the applicable law, legal doctrine or principle that would permit variance or avoidance of these terms. Any Dispute will be referred to and finally resolved by arbitration under the rules of arbitration of the London Court of International Arbitration (the “LCIA”), which rules are deemed to be incorporated herein. The seat (or legal place) of arbitration will be London, England. The language of the arbitration will be English. The tribunal (the “Tribunal”) will consist of one arbitrator. The Parties shall jointly nominate the sole arbitrator within 30 days of the request for arbitration. If the Parties fail to agree on the sole arbitrator within such time, the LCIA court shall appoint the arbitrator on an expedited basis. Any award will be final and binding on the Parties and may be confirmed in, and judgment upon the award entered by, any court having jurisdiction. The Parties hereby waive any reference to the courts under Sections 45 and 69 of the Arbitration Xxx Axx 0000. The Tribunal shall render a final award in any arbitration within six months of the appointment of the Tribunal by the LCIA court. This time limit may only be extended with the consent of the Parties or by the Tribunal for good cause shown, provided, that no award will be invalid even if it is not rendered within the time period herein specified, or not rendered within any extended period. At the earliest opportunity, the Tribunal shall, in consultation with the Parties, set out a procedural timetable for the service of pleadings and evidence. Any pleading or evidence served otherwise than in compliance with such timetable will be struck out by the Tribunal, unless the submitting Party shows good cause for the deviation and has been granted an appropriate extension by the Tribunal (ahead of the expiration of the relevant deadline), bearing in mind the effect such extension will or may have on the case timetable. The Parties agree that there will be a presumption that there will be no disclosure or discovery of documents, save for the documents that each Party intends to rely upon. To the extent that the Tribunal considers that it may be appropriate to order any document production beyond this, it will be guided by the IBA Rules of the Taking of Evidence in International Commercial Arbitration in doing so. The Parties agree that, if any provision of this Agreement is not performed in accordance with its terms, irreparable damage may occur and, notwithstanding this Section 15, the Party affected thereby is entitled to apply to the courts of England and Wales for an interim injunction to prevent such breach, or continuing breach, of this Agreement and/or specific performance of the provisions hereof, in addition to any other remedy available under English law, including those prescribed by Section 44 of the Arbitration Xxx Axx 0000. The Parties agree that any application to the courts of England and Wales made hereunder is one of urgency, and legal proceedings may be immediately commenced in the English courts, notwithstanding that the arbitration procedure prescribed in this Section 15 has not yet been initiated. Any injunction or order so issued will be enforceable in any court having jurisdiction over any Party.
Appears in 1 contract
Samples: Administrative Services Agreement (Hoegh LNG Partners LP)
LAW AND ARBITRATION. This Agreement (including the agreement as to arbitration contained herein) and any dispute or claim arising out of or in connection with it (including disputes as to regarding its existence, validity or termination) or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by, and construed in accordance with, the substantive laws of England and Wales without reference to any choice of law principle that would result in the application of any other law. The Parties specifically acknowledge that the terms of this Agreement represent their sole and express intent, to the exclusion of any other intent, and they specifically disclaim the application of any provision of the applicable law, legal doctrine doctrine, or principle that would permit variance or avoidance of these terms. Any Dispute will be referred to and finally resolved by arbitration under the rules of arbitration of the London Court of International Arbitration (the “LCIA”), which rules are deemed to be incorporated herein. The seat (or legal place) of arbitration will be London, England. The language of the arbitration will be English. The tribunal (the “Tribunal”) will consist of one arbitrator. The Parties shall jointly nominate the sole arbitrator within 30 days of the request for arbitration. If the Parties fail to agree on the sole arbitrator within such time, the LCIA court shall appoint the arbitrator on an expedited basis. Any award will be final and binding on the Parties and may be confirmed in, and judgment upon the award entered by, any court having jurisdiction. The Parties hereby waive any reference to the courts under Sections 45 and 69 of the Arbitration Xxx Acx 0000. The Tribunal shall render a final award in any arbitration within six months of the appointment of the Tribunal by the LCIA court. This time limit may only be extended with the consent of the Parties or by the Tribunal for good cause shown, provided, that no award will be invalid even if it is not rendered within the time period herein specified, or not rendered within any extended period. At the earliest opportunity, the Tribunal shall, in consultation with the Parties, set out a procedural timetable for the service of pleadings and evidence. Any pleading or evidence served otherwise than in compliance with such timetable will be struck out by the Tribunal, unless the submitting Party shows good cause for the deviation and has been granted an appropriate extension by the Tribunal (ahead of the expiration of the relevant deadline), bearing in mind the effect such extension will or may have on the case timetable. The Parties agree that there will be a presumption that there will be no disclosure or discovery of documents, save for the documents that each Party intends to rely upon. To the extent that the Tribunal considers that it may be appropriate to order any document production beyond this, it will be guided by the IBA Rules of the Taking of Evidence in International Commercial Arbitration in doing so. The Parties agree that, if any provision of this Agreement is not performed in accordance with its terms, irreparable damage may occur and, notwithstanding this Section 15, the Party affected thereby is entitled to apply to the courts of England and Wales for an interim injunction to prevent such breach, or continuing breach, of this Agreement and/or specific performance of the provisions hereof, in addition to any other remedy available under English law, including those prescribed by Section 44 of the Arbitration Xxx Acx 0000. The Parties agree that any application to the courts of England and Wales made hereunder is one of urgency, and legal proceedings may be immediately commenced in the English courts, notwithstanding that the arbitration procedure prescribed in this Section 15 has not yet been initiated. Any injunction or order so issued will be enforceable in any court having jurisdiction over any Party.
Appears in 1 contract
Samples: Administrative Services Agreement (Hoegh LNG Partners LP)
LAW AND ARBITRATION. This Agreement (including the agreement as to arbitration contained herein) and any dispute or claim arising out of or in connection with it (including disputes as to regarding its existence, validity or termination) or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by, and construed in accordance with, the substantive laws of England and Wales without reference to any choice of law principle that would result in the application of any other law. The Parties specifically acknowledge that the terms of this Agreement represent their sole and express intent, to the exclusion of any other intent, and they specifically disclaim the application of any provision of the applicable law, legal doctrine doctrine, or principle that would permit variance or avoidance of these terms. Any Dispute will be referred to and finally resolved by arbitration under the rules of arbitration of the London Court of International Arbitration (the “LCIA”), which rules are deemed to be incorporated herein. The seat (or legal place) of arbitration will be London, England. The language of the arbitration will be English. The tribunal (the “Tribunal”) will consist of one arbitrator. The Parties shall jointly nominate the sole arbitrator within 30 days of the request for arbitration. If the Parties fail to agree on the sole arbitrator within such time, the LCIA court shall appoint the arbitrator on an expedited basis. Any award will be final and binding on the Parties and may be confirmed in, and judgment upon the award entered by, any court having jurisdiction. The Parties hereby waive any reference to the courts under Sections 45 and 69 of the Arbitration Xxx Axx 0000. The Tribunal shall render a final award in any arbitration within six months of the appointment of the Tribunal by the LCIA court. This time limit may only be extended with the consent of the Parties or by the Tribunal for good cause shown, provided, that no award will be invalid even if it is not rendered within the time period herein specified, or not rendered within any extended period. At the earliest opportunity, the Tribunal shall, in consultation with the Parties, set out a procedural timetable for the service of pleadings and evidence. Any pleading or evidence served otherwise than in compliance with such timetable will be struck out by the Tribunal, unless the submitting Party shows good cause for the deviation and has been granted an appropriate extension by the Tribunal (ahead of the expiration of the relevant deadline), bearing in mind the effect such extension will or may have on the case timetable. The Parties agree that there will be a presumption that there will be no disclosure or discovery of documents, save for the documents that each Party intends to rely upon. To the extent that the Tribunal considers that it may be appropriate to order any document production beyond this, it will be guided by the IBA Rules of the Taking of Evidence in International Commercial Arbitration in doing so. The Parties agree that, if any provision of this Agreement is not performed in accordance with its terms, irreparable damage may occur and, notwithstanding this Section 15, the Party affected thereby is entitled to apply to the courts of England and Wales for an interim injunction to prevent such breach, or continuing breach, of this Agreement and/or specific performance of the provisions hereof, in addition to any other remedy available under English law, including those prescribed by Section 44 of the Arbitration Xxx Axx 0000. The Parties agree that any application to the courts of England and Wales made hereunder is one of urgency, and legal proceedings may be immediately commenced in the English courts, notwithstanding that the arbitration procedure prescribed in this Section 15 has not yet been initiated. Any injunction or order so issued will be enforceable in any court having jurisdiction over any Party.
Appears in 1 contract
Samples: Administrative Services Agreement (Hoegh LNG Partners LP)