Separability and Related Disputes. (a) The arbitration agreement set forth in Sections 15.4 and 15.5 shall be (i) governed by and construed in accordance with the laws of Bangladesh and (ii) treated as an agreement independent of and separable from the other terms of this Agreement and, accordingly, a determination or ruling by an arbitral tribunal properly constituted in pursuance of Sections 15.4(a) or (b) that this Agreement or any provision hereof (other than Section 15.4) is invalid, illegal or unenforceable, shall not invalidate the arbitration agreement set forth in Sections 15.4 and 15.5. (b) If the Dispute raises issues which are substantially the same or connected with issues raised in a related dispute between the Company and the GOB under this Agreement and the Company and BPDB, pursuant to the Power Purchase Agreement and if the related dispute has already been referred for determination to arbitration and if referral of the related Dispute hereunder would not impair or adversely affect the rights or interests of the Parties, each of the Company, the GOB hereby agree that the Dispute shall be referred to the same arbitral tribunal constituted to determine the related dispute.
Appears in 10 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Separability and Related Disputes. (a) The arbitration agreement set forth in Sections 15.4 14.4 and 15.5 this Section 14.5 shall be (i) governed by and construed in accordance with the laws of Bangladesh and (ii) treated as an agreement independent of and separable from the other terms of this Agreement and, accordingly, a determination or ruling by an arbitral tribunal properly constituted in pursuance of Sections 15.4(a) or (b14.4(a) that this Agreement or any provision hereof (other than Section 15.4) is invalid, illegal or unenforceable, shall not invalidate the arbitration agreement set forth in Sections 15.4 14.4 and 15.5this Section 14.5.
(b) If the Dispute raises issues which are substantially the same or connected with issues raised in a related dispute between the Company and the GOB under this Agreement and or the Company and BPDB, BPDB pursuant to the Power Purchase Agreement Agreement, respectively, and if the related dispute has already been referred for determination to arbitration and if referral of the related Dispute hereunder would not impair or adversely affect the rights or interests of the Parties, each of the Company, the GOB hereby agree that the Dispute shall be referred to the same arbitral tribunal constituted to determine the related dispute.
Appears in 5 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Separability and Related Disputes. (a) The arbitration agreement set forth in Sections 15.4 19.4 and 15.5 this Section 19.7 shall be (i) governed by and construed in accordance with the laws Laws of Bangladesh and (ii) treated as an agreement independent of and an separable from the other terms of this Agreement and, accordingly, a determination or ruling by an arbitral tribunal properly constituted in pursuance of Sections 15.4(a) or (b19.4(a) that this Agreement or any provision hereof (other than Section 15.419.4) is invalid, illegal or unenforceable, shall not invalidate the arbitration agreement set forth in Sections 15.4 19.4 and 15.5this Section 19.7.
(b) If the Dispute raises issues which are substantially the same or connected with issues raised in a related dispute between the Company and or the GOB under this Agreement and GOB, the Company and BPDB, pursuant to under the Implementation Agreement or the Power Purchase Agreement Agreement, respectively, and if the related dispute has already been referred for determination to arbitration and if referral of the related Dispute hereunder would not impair or adversely affect the rights or interests of the Parties, each of the Company, the GOB hereby agree that the Dispute shall be referred to the same arbitral tribunal constituted to determine the related dispute.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Separability and Related Disputes. (a) The arbitration agreement set forth in Sections 15.4 and 15.5 shall be (i) governed by and construed in accordance with the laws of Bangladesh England and Wales and (ii) treated as an agreement independent of and separable from the other terms of this Agreement and, accordingly, a determination or ruling by an arbitral tribunal properly constituted in pursuance of Sections 15.4(a) or (b) that this Agreement or any provision hereof (other than Section 15.4) is invalid, illegal or unenforceable, shall not invalidate the arbitration agreement set forth in Sections 15.4 and 15.5.
(b) If the Dispute raises issues which are substantially the same or connected with issues raised in a related dispute between the Company and or the GOB under this Agreement and GOB, the Company and BPDB, pursuant to the Power Purchase Agreement Agreement, respectively, and if the related dispute has already been referred for determination to arbitration and if referral of the related Dispute hereunder would not impair or adversely affect the rights or interests of the Parties, each of the Company, the GOB hereby agree that the Dispute shall be referred to the same arbitral tribunal constituted to determine the related dispute.
Appears in 3 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Separability and Related Disputes. (a) The arbitration agreement set forth in Sections 15.4 and 15.5 shall be (i) governed by and construed in accordance with the laws of Bangladesh and (ii) treated as an agreement independent of and separable from the other terms of this Agreement and, accordingly, a determination or ruling by an arbitral tribunal properly constituted in pursuance of Sections 15.4(a) or (b) that this Agreement or any provision hereof (other than Section 15.4) is invalid, illegal or unenforceable, shall not invalidate the arbitration agreement set forth in Sections 15.4 and 15.5.
(b) If the Dispute raises issues which are substantially the same or connected with issues raised in a related dispute between the Company and or the GOB under this Agreement and GOB, the Company and BPDB, pursuant to the Company and BPDB (as the lessor under the Land Lease Agreement) or the Company and the Gas Supplier under this Agreement, the Power Purchase Agreement, the Land Lease Agreement and the Gas Supply Agreement, respectively, and if the related dispute has already been referred for determination to arbitration and if referral of the related Dispute hereunder would not impair or adversely affect the rights or interests of the Parties, each of the Company, the GOB hereby agree that the Dispute shall be referred to the same arbitral tribunal constituted to determine the related dispute.
Appears in 1 contract
Samples: Implementation Agreement