PLACE OF ARBITRATION, GOVERNING LAW AND LAW AND ENFORCEMENT Sample Clauses

PLACE OF ARBITRATION, GOVERNING LAW AND LAW AND ENFORCEMENT. The place of arbitration shall be Singapore, and the language to be employed shall be English. This Agreement shall be construed in accordance with the substantive law of England excluding the doctrine of Renvoi, and without the possibility to appeal to the ordinary courts. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The foregoing, however, shall not preclude the Parties from applying for any preliminary or injunctive remedies available under applicable laws for any purpose including, but not limited to, securing the subsequent enforcement of an arbitration award.
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PLACE OF ARBITRATION, GOVERNING LAW AND LAW AND ENFORCEMENT. The place of arbitration shall be Singapore, and the language to be employed shall be English. This Agreement shall be construed in accordance with the substantive law of England excluding the doctrine of Renvoi, and without the possibility to appeal to the ordinary courts. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction79 thereof. The foregoing, however, shall not preclude the Parties from applying for any preliminary or injunctive remedies80 available under applicable laws for any purpose including, but not limited to, securing the subsequent enforcement of an arbitration award. - 준거법은 본 계약을 해석하고 집행하는데 적용되는 법률을 말함. 계약 당사자들은 친숙한 법체계, 상대법에 대한 불안 내지는 불신으로 인해 자국법을 선호하게 됨. 결국 계약 파워가 큰 쪽에서 주장하는 준거법을 따르는 경우, 내지는 중립적인 제3국 법을 준거법으로 삼는 경우가 일반적임. - 소송을 억제하기 위해, 상대법에 대한 불안 심리를 역이용하여, 피소자측 법률과 법원을 소송시 적용토록 하는 규정도 쓰여짐. - 미국법을 준거법으로 삼는 경우는 대체로 불이익을 당할 위험성이 그리 높지는 않으나, 최악의 경우 소송으로 가면, 소송비용이 매우 높아질 수 있음에 주의. - 싱가포르는 상호 무난한 편임. 중국계라는 지역적 특성과, 영국계 법체계에 의한 합리성, 저렴한 비용을 장점으로 들 수 있음. - 다툼의 해결수단으로 일차 당사자간 대화 후, 법정보다는 중재기관을 지정하는 것도 바람직함. 중재의 경우는, 비용이 상대적으로 저렴하고, 신속하며, rule이 탄력적이며, 당사자간 비밀이 보장됨. 또한 중재의 결과는 법적인 구속력을 가지며, 이를 명문화하는 것이 일반적임.

Related to PLACE OF ARBITRATION, GOVERNING LAW AND LAW AND ENFORCEMENT

  • Governing law and enforcement (a) The choice of English law as the governing law of the Finance Documents will be recognised and enforced in its jurisdiction of incorporation.

  • Interpretation and Enforcement; Governing Law This Agreement and its interpretation and enforcement shall be governed by the laws of the State of New York applicable to contracts to be performed entirely within this state and without regard to its principles of conflicts of law. If any provision of this Agreement is deemed by an authority of competent jurisdiction to be unenforceable or contrary to applicable law, such provision shall be enforced to the maximum extent permitted by law to effect the Parties’ intentions hereunder, and the remainder of this Agreement shall continue in full force and effect. Neither the failure to insist upon strict compliance with Agreement nor any course of conduct, including without limitation failure on any Party’s part to exercise or delay in exercising any rights, shall constitute a waiver by such Party of any of its rights hereunder. No single or partial exercise by any Party of any right shall preclude any other or future exercise by any Party of any such right or the exercises by such Party of any other single or partial right. Any waiver by any party must be in writing and signed by such Party and shall be effective only for the purpose and in the specific instance for which it is given.

  • Governing Law; Enforcement The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, the Settling Entity stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. As an expressed condition of this Settlement Agreement, the Settling Entity waives any exemptions under California Health & Safety Code §25249.6

  • ENFORCEMENT AND GOVERNING LAW The provisions of this Agreement shall be regarded as divisible and separate; if any of said provisions should be declared invalid or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby. This Agreement shall be construed and the legal relations of the parties hereto shall be determined in accordance with the laws of the State of Illinois without reference to the law regarding conflicts of law.

  • Arbitration and Governing Law If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. This Agreement and the legal relations among the Parties hereto shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law doctrine. The Parties agree that the venue for the resolution of all disputes arising under the terms of this Agreement and the transactions contemplated herein will be the County of Pinellas, State of Florida.

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  • Dispute Resolution and Governing Law 31.1. In the event that a determination of the Expert is sought under this Agreement:

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  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

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