Common use of Separability and Related Disputes Clause in Contracts

Separability and Related Disputes. a) The arbitration agreement set forth in Sections 19.4 and 19.7 shall be (i) governed by and construed in accordance with the Laws of England and Wales and (ii) treated as an agreement independent of 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 19.4(a) or 19.4(b) that this Agreement or any provision hereof (other than Section 19.4) is invalid, illegal or unenforceable, shall not invalidate the arbitration agreement set forth in Sections 19.4 and 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, PGCB or the GOB, the Company and BPDB, under the Implementation Agreement or the Power Purchase 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: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Separability and Related Disputes. (a) The arbitration agreement set forth in Sections 19.4 and 19.7 9.4.and 9.7 shall be (i) governed by and construed in accordance with the Laws of England and Wales Bangladesh and (ii) treated as an agreement independent of an separable from the other terms of this Agreement and, accordingly, a determination or ruling rulling by an arbitral tribunal properly constituted in pursuance of Sections 19.4(a9.4(a) or 19.4(b9.4(b) that this Agreement or any provision hereof (other than Section 19.49.4) is invalidvalid, illegal or unenforceable, shall not invalidate the arbitration agreement set forth fort in Sections 19.4 9.4 and 19.79.7. (b) If the Dispute raises issues which are substantially the same or connected concerned with issues issue raised in a related dispute Dispute between the Company, PGCB or the GOB, the Company and BPDB, under the Implementation Agreement or the Power Purchase 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: Land Lease Agreement

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