Law and Litigation. This charter shall be construed and the relations between the parties determined in accordance with the laws of the State of New York, U.S.A.
Law and Litigation. Any and all disputes arising out of or relating to this contract shall be arbitrated in the City of New York before a board of three persons, consisting of one arbitrator to be appointed by the Owner, one arbitrator by the Charterer, and one by the two so chosen who will act in the capacity as procedural chairman. Their decision or that of any two of them shall be final and binding, and for the purpose of enforcing the award, this agreement and the award may be made a rule of the court. Either party may call for such arbitration by service upon the other, wherever it may be found, in the form of a written notice specifying the nature of the claim and the name and contact details of their appointed arbitrator. If the other party shall not, by written notice served on the first moving party within 20 days of the service of such first notice, appoint its arbitrator to arbitrate the disputes or differences specified, then the first moving party shall have the right without further notice to appoint a second arbitrator with precisely the same force and effect as if said second arbitrator had been appointed by the other party. Awards by the panel, or a majority thereof, may include costs and reasonable attorneys fees. The arbitration proceedings shall be conducted in accordance with the rules of the Society of Maritime Arbitrators, Inc. and the applicable law will be the Federal Maritime Law of the United States.
Law and Litigation. (a) This Charter shall be construed and the relations between the parties determined in accordance with the laws of England.
(b) Each of the parties hereto hereby submits to the exclusive jurisdiction of the High Court of London for the purposes of all legal proceedings arising out of or relating to this Charter or the transactions contemplated hereby. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
(c) It shall be a condition precedent to the right of any party to a stay of any legal proceedings in which maritime property has been, or may be, arrested in connection with a dispute under this Charter, that that party furnishes to the other party security to which that other party would have been entitled in such legal proceedings in the absence of a stay.
Law and Litigation. Hungarian law applies to the settlement of disputed issues. For the resolution of any dispute arising from an agreement, contract concluded under the scope of these Regulations or in connection therewith, in relation to its breach, termination or validity or interpretation, the parties submit to the decision of the competent court according to the registered office of the Company, but above all they attempt to resolve all disputes amicably with each other. The Terms and Conditions of the Individual Contract concluded with the customer or passenger take precedence over these Regulations, to which these General Terms and Conditions form an annex.
Law and Litigation. (a) This charter and any non-contractual obligations arising out of or in connection with it shall be construed and the relations between the parties determined in accordance with the laws of England.
(b) Each of the parties hereto hereby submits to the exclusive jurisdiction of the High Court of London for the purposes of all legal proceedings arising out of or relating to this charter, any non-contractual obligations arising out of or in connection with it or the transactions contemplated hereby. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
(c) It shall be a condition precedent to the right of any party to a stay of any legal proceedings in which maritime property has been, or may be, arrested in connection with a dispute under this charter, that that party furnishes to the other party security to which that other party would have been entitled in such legal proceedings in the absence of a stay.
(d) i) Notwithstanding any other provision of Clause 46, in respect of which this sub clause (d) shall prevail, if any dispute arises between the parties arising out of or in connection with either the Owners refusal to consent to transit any High Risk Piracy Area ("Piracy Dispute"), the Piracy Dispute shall be referred to arbitration in London before a tribunal of three (3) persons who shall all be full members of the London Maritime Arbitrators Association ("LMAA"). The parties hereto shall each appoint one arbitrator and the two so chosen shall appoint a third. The arbitration proceedings shall be conducted in accordance with the then current rules of the LMAA subject to the provisions of sub clause 46(d) (ii).
Law and Litigation. (BELOW BIMCO LAW & ARBITRATION CLAUSE SHALL APPLY)
(A) This contract shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this contract shall be referred exclusively to arbitration in London in accordance with the arbitration act 1996 or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this clause. The seat of arbitration shall be London even where any hearing takes place in another jurisdiction.
(B) The reference shall be to three (3) arbitrators unless the parties agree otherwise.
(C) The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) terms.
(D) In cases where neither the claim nor any counterclaim exceeds the sum of USD 100,000 (or such other sum as the parties may agree) the arbitration shall be conducted in accordance with the LMAA small claims procedure. In cases where the claim or any counterclaim exceeds the sum agreed for the LMAA small claims procedure and neither the claim nor any counterclaim exceeds the sum of USD 400,000 (or such other sum as the parties may agree) the parties may agree that the arbitration shall be conducted in accordance with the LMAA intermediate claims procedure.
(E) The terms and procedures referred to in sub-clauses (C), (D) and (E) above shall be those current at the time when the arbitration proceedings are commenced.
(F) Any and all notices and communications in relation to any arbitration proceedings under this clause, including commencement notices and appointment of arbitrators, shall be treated as effectively served from the date and time the e-mail was sent if sent by e-mail to the e-mail addresses below: NAME OF PARTY TO THIS CONTRACT: E-MAIL ADDRESS(ES) FOR RECEIPT OF NOTICES AND COMMUNICATIONS ON BEHALF OF THE ABOVE PARTY: [INSERT] NAME OF OTHER PARTY TO THIS CONTRACT: E-MAIL ADDRESS(ES) FOR RECEIPT OF NOTICES AND COMMUNICATIONS ON BEHALF OF THE ABOVE PARTY: [INSERT] Either party shall be entitled to change and/or add to the e-mail addresses above by sending notice of change to the other party at the above address (or, if previously amended by notice, the relevant amended addresses). Nothing in this clause shall prevent any notice and communication in relation to any arbitration proceedings in connection with this contract being served by other effective means.
Law and Litigation. Any litigation relating to this Agreement may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims.
Law and Litigation. The Company is duly incorporated, validly existing, and carries on business and its governance in accordance with all Applicable Laws; including having obtained and complied with terms and conditions of, all required licenses, registrations, consents, and the like, as are required for its business and governance and made all filings required under Applicable Laws. There are no proceedings of any kind in any court or before any Governmental Authority and there are no outstanding legal pronouncements against or affecting the Company and to the best of the Company’s knowledge, there are no proceedings which are threatened against or affecting the Company or otherwise affecting the ability of Investors to invest in the Company.
Law and Litigation. (a) This charter shall be construed and the relations between the parties determined in accordance with the Law of England
(b) If any dispute difference or question shall arise at any time hereafter between the parties hereto concerning any matter or thing whatsoever herein contained or the operation or construction thereof or any matter or thing in any way
Law and Litigation. This Agreement shall be governed by Polish law, in any and all matters, such as interpretation, meaning and construction of this Agreement. If either party hereto brings an action to enforce the terms hereof or to declare rights hereunder, the prevailing party in such action shall be entitled to an award of reasonable costs of litigation, including legal fees, in such amount as may be determined by the court having jurisdiction in such action.
