Interpretation; Governing Law. This Agreement shall be construed as a whole and in accordance with its fair meaning and any ambiguities shall not be construed for or against either party. Headings are for convenience only and shall not be used in construing meaning. This Agreement shall be governed and interpreted in accordance with the laws of Hong Kong without regard to the conflict of laws principles thereof. Each of the parties to this Agreement irrevocably agrees that any dispute, controversy or claim arising out of or in connection with this Agreement (including any issue as to the existence, validity, interpretation, construction, performance, breach or termination of this Agreement) (the Dispute), shall be referred to and finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre in accordance with the HKIAC Administered Arbitration Rules (the Rules), as amended and supplemented from time to time in force when the notice of arbitration is submitted in accordance with these Rules, which Rules are deemed to be incorporated by reference into this section and as may be amended by the rest of this section. The arbitration tribunal shall consist of three (3) arbitrators (the Tribunal). The parties agree that the three arbitrators can be selected from outside the HKIACs panel(s) of arbitrators. The claimant and the respondent shall each designate one (1) arbitrator in accordance with the Rules. The HKIAC shall appoint the third and presiding arbitrator, who shall be qualified to practice Law in Hong Kong. The seat of the arbitration shall be Hong Kong. The language of the arbitration proceedings shall be English. Any award of the Tribunal shall be made in writing and shall be final, conclusive and binding on the parties to the arbitration from the day it is made. Nothing in this [Section 16] shall be construed as preventing any party from seeking conservatory or interim relief from any court of competent jurisdiction.
Interpretation; Governing Law. This Agreement shall be construed as a whole and in accordance with its fair meaning and any ambiguities shall not be construed for or against either party. Headings are for convenience only and shall not be used in construing meaning.Law; Dispute Resolution. This Agreement shall be governed by, and interpretedconstrued in accordance withwith, the laws of Hong Kongthe State of New York, without regardgiving effect to theany choice of law or other conflict of laws principles thereof. Eachlaw provision or rule (whether of the parties to this Agreement irrevocably agreesState of New York or any other jurisdiction) that would cause the application of the laws of any dispute, controversyjurisdiction other than the State of New York. Any disputes, actions and proceedings against any party or claim arising out of or in connection withany way relating to this Agreement (including any issue as to the existence, validity, interpretation, construction, performance, breach or termination of this Agreement) (the Dispute), shall be referredsubmitted to and finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) and resolved in accordance with the HKIAC Administered Arbitration Rules (the Rules), as amended and supplemented from time to timeof HKIAC in force whenat the notice of arbitration is submitted in accordance with these Rules, which Rules are deemed to be incorporated by reference into this sectionrelevant time and as may be amended by this Section 7 (the “HKIAC Rules”). The place of arbitration shall be Hong Kong. The official language of the rest of this section. Thearbitration shall be English and the arbitration tribunal shall consist of three (3) arbitrators (the Tribunal(each, an “Arbitrator”). The parties agree thatclaimant(s), irrespective of number, shall nominate jointly one Arbitrator; the three arbitrators canrespondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be selected from outsidenominated jointly by the HKIACs panel(s) of arbitrators. The claimantfirst two Arbitrators and the respondent shall each designate one (1) arbitrator in accordance with the Rules. The HKIAC shall appoint the third and presiding arbitrator, who shall be qualified to practice Law in Hong Kong. The seatserve as chairman of the arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall fail to nominate or agree the joint nomination of an Arbitrator or the third Arbitrator within the time limits specified by the HKIAC Rules, such Arbitrator shall be Hong Kong.appointed promptly by the HKIAC. The languagearbitration tribunal shall have no authority to award punitive or other punitive-type damages. The award of the arbitration proceedingstribunal shall be English. Any award of the Tribunal shall be made in writing and shall be final, conclusivefinal and binding onupon the partiesdisputing parties. Any party to the arbitration from the day it is made. Nothing in this Section 16 shall be construed as preventing any party from seeking conservatory or interim relief froman award may apply to any court of competent jurisdiction.jurisdiction for enforcement of such award and, for purposes of the enforcement of such award, the parties irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum.
Section # Governing Law.Law; Dispute Resolution; Jurisdiction. This Agreement shall be construed as a wholeinterpreted, construed, performed and in accordance with its fair meaning and any ambiguities shall not be construed for or against either party. Headings are for convenience only and shall not be used in construing meaning. This Agreement shall be governed and interpretedenforced in accordance with the lawsLaws of Hong Kongthe State of New York without regardgiving effect to theits principles or rules of conflict of laws to the extent such principles thereof. Eachor rules would require or permit the application of the Laws of another jurisdiction. In the event any dispute arises among the parties to this Agreement irrevocably agrees that any dispute, controversy or claim arisinghereto out of or in connectionrelation to this Agreement, including any dispute regarding its breach, termination or validity, the parties shall attempt in the first instance to resolve such dispute through friendly consultations. If any dispute has not been resolved by friendly consultations within thirty (30) days after any party has served written notice on the other parties requesting the commencement of such consultations, then any party may demand that the dispute be finally settled by arbitration in accordance with this Agreement (including any issue as to the existence, validity, interpretation, construction, performance, breach or terminationfollowing provisions of this Agreement) (the Dispute),[Section 6.7]. The arbitration shall be referred to and finally resolved by binding arbitration administered byconducted in accordance with the Hong Kong International Arbitration Centre in accordance with the HKIAC(HKIAC) Administered Arbitration Rules (the Rules), as amended and supplemented from time to time in force when thea notice of arbitration is submitted in accordance with these Rules, which Rules are deemed to be incorporated by reference into this sectionsubmitted. The seat and as may be amended by the rest of this section. The arbitration tribunal shall consist of three (3) arbitrators (the Tribunal). The parties agree that the three arbitrators can be selected from outside the HKIACs panel(s) of arbitrators. The claimant and the respondent shall each designate one (1) arbitrator in accordance with the Rules. The HKIAC shall appoint the third and presiding arbitrator, who shall be qualified to practice Law in Hong Kong. The seatvenue of the arbitration shall be Hong Kong. TheKong and the language of the arbitration proceedings shall be English. Any awardThere shall be three arbitrators. One arbitrator shall be nominated by the claimant(s) and one arbitrator shall be nominated by the respondent(s). If either the claimant(s) or respondent(s) shall abstain from nominating their arbitrator, the HKIAC shall appoint such arbitrator. The two arbitrators so chosen shall select a third arbitrator; provided that if such two arbitrators shall fail to choose a third arbitrator within thirty (30) days after such two arbitrators have been selected, the HKIAC, upon the request of any party, shall appoint a third arbitrator. The third arbitrator shall be the presiding arbitrator. The parties agree that the arbitration shall be kept confidential and that the existence of the Tribunalproceeding and any element of it shall not be disclosed beyond the tribunal, the parties, their legal and professional advisers, and any Person necessary for the conduct of the arbitration, unless otherwise required by Law or the parties hereto otherwise agree in writing. The parties agree that all documents and evidence submitted in the arbitration (including without limitation any statements of case and any interim or final award, as well as the fact that an arbitral award has been made) shall remain confidential both during and after any final award that is rendered unless otherwise required by Law or the parties hereto otherwise agree in writing. Upon and after the submission of any dispute to arbitration, the parties shall continue to exercise their remaining respective rights, and fulfill their remaining respective obligations under this Agreement, except insofar as the same may relate directly to the matters in dispute. The parties hereby agree that any arbitration award rendered in accordance with the provisions of this [Section 6.7] shall be made in writing and shall be final, conclusivefinal and binding upon them, and the parties further agree that such award may be enforced by any court having jurisdiction over the party against which the award has been rendered or the assets of such party wherever the same may be located. In any arbitration proceeding, any legal proceeding to enforce any arbitration award and in any other legal proceeding among the parties pursuant to or relating to this Agreement, each party expressly waives the defense of sovereign immunity and any other defense based on the parties to the arbitration from the dayfact or allegation that it is made. Nothing in this [Section 16] shall be construed as preventing any party from seeking conservatoryan agency or interim relief from any courtinstrumentality of competent jurisdiction.a sovereign state or is otherwise entitled to immunity.
Interpretation; Governing Law. This Agreement shall be construed as a whole and in accordance with its fair meaning and any ambiguities shall not be construed for or against either party. Headings are for convenience only and shall not be used in construing meaning. This Agreement shall be governed and interpreted in accordance with the laws of Hong Kong without regard to the conflict of laws principles thereof. Each of the parties to this Agreement irrevocably agrees that any dispute, controversy or claimAny dispute arising out of or in connection with this Agreement (includingAgreement, including any issue as to thequestion regarding its existence, validity, interpretation, construction, performance, breachvalidity or termination of this Agreement) (the Dispute),termination, shall be referred to and finally resolved by binding arbitration administered byin Hong Kong International Arbitration Center (HKIAC) in accordance with the Hong Kong International Arbitration Centre in accordance with the HKIACCenter Administered Arbitration Rules (the RulesHKIAC Rules), as amended and supplemented from time to time in force when the notice of arbitration is submitted in accordance with these Rules, whichthe HKIAC Rules. The HKIAC Rules are deemed to be incorporated by reference intoto this sectionclause. The tribunal shall be comprised of three arbitrators. The Investor, on the one hand, and the Company, on the other hand, shall each nominate one arbitrator and the third, who shall serve as maypresident of the tribunal, shall be amendednominated by the rest of this section. The arbitration tribunal shall consist of three (3) arbitrators (the Tribunal). The parties agree that the three arbitrators can be selected from outside the HKIACs panel(s) ofparty-nominated arbitrators. The claimant and the respondent shall each designate one (1) arbitrator in accordance with the Rules. The HKIAC shall appoint the third and presiding arbitrator, who shall be qualified to practice Law in Hong Kong. The seat of the arbitration shall be Hong Kong. The languageconducted in English. Each Party irrevocably and unconditionally consents to such arbitration as the sole and exclusive method of the arbitration proceedings shall be English. Any awardresolving any dispute arising out of the Tribunal shall be madeor in writing and shall be final, conclusive and binding on the parties to the arbitration from the day it is made. Nothing inconnection with this Section 16 shall be construed as preventingAgreement, including any party from seeking conservatoryquestion regarding its existence, validity or interim relief from any court of competent jurisdiction.termination.
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