Common use of Arbitration; Settlement of Disputes Clause in Contracts

Arbitration; Settlement of Disputes. (a) Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this Deposit Agreement, including any question regarding its existence, validity or termination, or the breach hereof or thereof (a “Dispute”) shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, that in the event of any third-party litigation to which the Depositary is a party and to which the Company may properly be joined, the Company may be so joined in any court in which such litigation is proceeding; and provided further that any such controversy, claim or cause of action relating to or based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder shall be submitted to arbitration as provided in this Section 7.06 only if so elected by the claimant. The place of the arbitration shall be Xxx Xxxx xx Xxx Xxxx, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of America, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be an attorney experienced in international securities transactions. Two of the arbitrators shall be nominated by the respective parties in the notice of arbitration and the statement of defense, and the third, who shall be the Chairman of the tribunal, shall be nominated by the two party-nominated arbitrators within 30 calendar days of the last of their appointments; provided, however, that if a Dispute shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant and respondent), each of which shall appoint one arbitrator as if there were only two parties to such Dispute. In the event of agreement on such alignment, the nomination of an arbitrator by the claimant side shall be made within 30 calendar days of the commencement of the arbitration and the nomination by the respondent side shall be made within 60 calendar days after the commencement of the arbitration. If such alignment is not agreed within 20 calendar days after commencement of the arbitration, the International Centre for Dispute Resolution shall, at the written request of any party, appoint the three arbitrators. The parties and the International Centre for Dispute Resolution may appoint from among the nationals of any country, whether or not a party is a national of that country.

Arbitration; Settlement of Disputes. (a) Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or this Deposit Agreement, including any question regarding its existence, validity or termination, or the breach hereof or thereof (a “Dispute”) thereof, shall be settled by referred to, and finally resolved by, arbitration in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association(the LCIA Rules) in effect on the date of this Agreement, and judgment which Rules are deemed incorporated by reference into this paragraph. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, that in the event of any third-third party litigation to which the Depositary is a party and to which the Company may be properly be joined, the Company may be so joined in any court in which such litigation is proceeding; and provided further further, that any such controversy, claim or cause of action relating to or based upon the provisions of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder shall may, but need not, be submitted to arbitration as provided in this Section 7.06 only if so elected by the claimant7.11. The place of the arbitration shall be Xxx Xxxx xx Xxx XxxxLondon, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of AmericaEngland, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute or controversy, shall have no connection with any party thereto, and shall be an attorney experienced in international securities transactions. Two If a dispute, controversy or cause of the arbitrators shall be nominated by the respective parties in the notice of arbitration and the statement of defense, and the third, who shall be the Chairman of the tribunal, shall be nominated by the two party-nominated arbitrators within 30 calendar days of the last of their appointments; provided, however, that if a Dispute action shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant and respondent), each of which shall appoint one arbitrator as if there were only two parties to such Disputedispute, controversy or cause of action. In the event of agreement on If such alignment, the nomination of an arbitrator by the claimant side alignment and appointment shall be made have not occurred within 30 calendar days of the commencement of the arbitration and the nomination by the respondent side shall be made within 60 twenty (20) calendar days after the commencement of initiating party serves the arbitration. If such alignment is not agreed within 20 calendar days after commencement of the arbitrationarbitration demand, the London Court of International Centre for Dispute Resolution shall, at the written request of any party, Arbitration shall appoint the three arbitrators. The parties and the London Court of International Centre for Dispute Resolution Arbitration may appoint from among the nationals of any country, whether or not a party is a national of that country, provided, however, that the chairman of the arbitral tribunal shall not have the same nationality as the Company or the Depositary unless there is express written agreement otherwise. The arbitrators shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement.

Arbitration; Settlement of Disputes. (a) Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or this Deposit Agreement, including any question regarding its existence, validity or termination, or the breach hereof or thereof (a “Dispute”) thereof, shall be settled by referred to, and finally resolved by, arbitration in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association(the LCIA Rules) in effect on the date of this Agreement, and judgment which Rules are deemed incorporated by reference into this paragraph. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, that in the event of any third-third party litigation to which the Depositary is a party and to which the Company may be properly be joined, the Company may be so joined in any court in which such litigation is proceeding; and provided further further, that any such controversy, claim or cause of action relating to or based upon the provisions of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder shall may, but need not, be submitted to arbitration as provided in this Section 7.06 only if so elected by the claimant20. The place of the arbitration shall be Xxx Xxxx xx Xxx XxxxLondon, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of AmericaEngland, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute or controversy, shall have no connection with any party thereto, and shall be an attorney reasonably experienced in international securities transactions. Two If a dispute, controversy or cause of the arbitrators shall be nominated by the respective parties in the notice of arbitration and the statement of defense, and the third, who shall be the Chairman of the tribunal, shall be nominated by the two party-nominated arbitrators within 30 calendar days of the last of their appointments; provided, however, that if a Dispute action shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant and respondent), each of which shall appoint one arbitrator as if there were only two parties to such Dispute. In the event dispute, controversy or cause of agreement on such alignment, the nomination of an arbitrator by the claimant side shall be made within 30 calendar days of the commencement of the arbitration and the nomination by the respondent side shall be made within 60 calendar days after the commencement of the arbitrationaction. If such alignment is and appointment shall have not agreed occurred within 20 calendar days after commencement of the arbitration, the International Centre for Dispute Resolution shall, at the written request of any party, appoint the three arbitrators. The parties and the International Centre for Dispute Resolution may appoint from among the nationals of any country, whether or not a party is a national of that country.twenty

Arbitration; Settlement of Disputes. (a) Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the H Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this Deposit Agreement, including any question regarding its existence, validity or termination, or the breach hereof or thereof (a “Dispute”) thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, that in the event of any third-party litigation to which the Depositary is a party and to which the Company may properly be joined, the Company may be so joined in any court in which such litigation is proceeding; and provided further provided, further, that any such controversy, claim or cause of action brought by a party hereto against the Company relating to or based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder shall may, but need not, be submitted to arbitration as provided in this Section 7.06 only if so elected 7.06; and provided, further, that any such controversy, claim or cause of action brought by a party hereto against the claimantCompany which is required by applicable PRC law to be resolved in a different manner may not be submitted to arbitration as provided in this Section 7.06. The place of the arbitration shall be Xxx Xxxx xx Xxx Xxxx, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of of, America, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute or controversy, shall have no connection with any party thereto, and shall be an attorney experienced in international securities transactions. Two If a dispute, controversy or cause of the arbitrators shall be nominated by the respective parties in the notice of arbitration and the statement of defense, and the third, who shall be the Chairman of the tribunal, shall be nominated by the two party-nominated arbitrators within 30 calendar days of the last of their appointments; provided, however, that if a Dispute action shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant and respondent), each of which shall appoint one arbitrator as if there were only two parties to such Disputedispute, controversy or cause of action. In the event of agreement on If such alignment, the nomination of an arbitrator by the claimant side alignment and appointment shall be made not have occurred within 30 calendar days of the commencement of the arbitration and the nomination by the respondent side shall be made within 60 twenty (20) calendar days after the commencement of initiating party serves the arbitration. If such alignment is not agreed within 20 calendar days after commencement of the arbitrationarbitration demand, the International Centre for Dispute Resolution shall, at the written request of any party, American Arbitration Association shall appoint the three arbitrators. The parties and the International Centre for Dispute Resolution American Arbitration Association may appoint from among the nationals of any country, whether or not a party is a national of that country. The arbitrators shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement.

Arbitration; Settlement of Disputes. (a) Any Notwithstanding the provisions in Section 7.6, any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary SharesADSs, the Receipts ADRs or this Deposit Agreement, including any question regarding its existence, validity or termination, or the breach hereof or thereof (a “Dispute”) thereof, shall be settled by referred to, and finally resolved by, arbitration in accordance with the International Arbitration Rules of the American London Court of International Arbitration Association(the LCIA Rules) in effect on the date of this Agreement, and judgment which Rules are deemed incorporated by reference into this paragraph. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, that in the event of any third-third party litigation to which the Depositary is a party and to which the Company may properly be joined, the Company may be so joined in any court in which such litigation is proceeding; and provided further further, that any such controversy, claim or cause of action relating to or based upon the provisions of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder shall may, but need not, be submitted to arbitration as provided in this Section 7.06 only if so elected by the claimant7.10. The place of the arbitration shall be Xxx Xxxx xx Xxx XxxxLondon, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of AmericaEngland, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute or controversy, shall have no connection with any party thereto, and shall be an attorney experienced in international securities transactions. Two If a dispute, controversy or cause of the arbitrators shall be nominated by the respective parties in the notice of arbitration and the statement of defense, and the third, who shall be the Chairman of the tribunal, shall be nominated by the two party-nominated arbitrators within 30 calendar days of the last of their appointments; provided, however, that if a Dispute action shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant and respondent), each of which shall appoint one arbitrator as if there were only two parties to such Disputedispute, controversy or cause of action. In the event of agreement on If such alignment, the nomination of an arbitrator by the claimant side alignment and appointment shall be made have not occurred within 30 calendar days of the commencement of the arbitration and the nomination by the respondent side shall be made within 60 twenty (20) calendar days after the commencement of initiating party serves the arbitration. If such alignment is not agreed within 20 calendar days after commencement of the arbitrationarbitration demand, the London Court of International Centre for Dispute Resolution shall, at the written request of any party, Arbitration shall appoint the three arbitrators. The parties and the London Court of International Centre for Dispute Resolution Arbitration may appoint from among the nationals of any country, whether or not a party is a national of that country, provided, however, that the chairman of the arbitral tribunal shall not have the same nationality as the Company or the Depositary unless there is express written agreement otherwise.

Arbitration; Settlement of Disputes. (a) Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this the Deposit Agreement, including any question regarding its existence, validity or termination, or the breach hereof or thereof (a “Dispute”) thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration AssociationAssociation in effect at the time of the arbitration, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, however, that in the event of any third-party litigation to which the Depositary is a party and to which the Company may properly be joined, the Company may be so joined in any court in which such litigation is proceeding; and provided further provided, further, that any such controversy, claim or cause of action brought by a party hereto against the Company relating to or based upon the provisions of the Federal securities laws of the United States or the rules and regulations promulgated thereunder shall be submitted to arbitration as provided in this Section 7.06 of the Deposit Agreement if, but only if if, so elected by the claimant. The place of the arbitration shall be Xxx Txx Xxxx xx Xxx Xxxx, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of America, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute or controversy, shall have no connection with any party thereto, and shall be an attorney experienced in international securities transactions. Two of Each party shall appoint one arbitrator and the two arbitrators shall be nominated by the respective parties in the notice of arbitration and the statement of defense, and the third, select a third arbitrator who shall be the Chairman serve as chairperson of the tribunal. If a dispute, shall be nominated by the two party-nominated arbitrators within 30 calendar days controversy or cause of the last of their appointments; provided, however, that if a Dispute action shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant claimant(s) and respondentrespondent(s)), each of which shall appoint one arbitrator as if there were only two parties to such Disputedispute, controversy or cause of action. In the event of agreement on If such alignment, the nomination of an arbitrator by the claimant side alignment and appointment shall be made not have occurred within 30 calendar days of the commencement of the arbitration and the nomination by the respondent side shall be made within 60 thirty (30) calendar days after the commencement of initiating party serves the arbitration. If such alignment is not agreed within 20 calendar days after commencement of the arbitrationarbitration demand, the International Centre for Dispute Resolution shall, at the written request of any party, American Arbitration Association shall appoint the three arbitrators, each of whom shall have the qualifications described above. The parties and the International Centre for Dispute Resolution American Arbitration Association may appoint from among the nationals of any country, whether or not a party is a national of that country. The arbitral tribunal shall have no authority to award any consequential, special or punitive damages or other damages not measured by the prevailing party’s actual damages and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Deposit Agreement.

Arbitration; Settlement of Disputes. (a) Any dispute, controversy, claim or cause of action brought by any party hereto or other person against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this Deposit Agreement, including any question regarding its existence, validity or termination, or the breach hereof or thereof (a “Dispute”) thereof, shall be settled by referred to, and finally resolved by, arbitration in accordance with the International Arbitration Rules of the American Arbitration AssociationLondon Court of International Arbitration, which Rules are deemed to be incorporated by reference into this Section 7.06, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; provided, that in the event of any third-party litigation to which the Depositary is a party and to which the Company may properly be joined, the Company may be so joined by the Depositary in any court of competent jurisdiction in which such litigation is proceeding; and provided further that any such dispute, controversy, claim or cause of action relating to or based upon the provisions of the Federal federal securities laws of the United States or the rules and regulations promulgated thereunder shall may, but need not, be submitted to arbitration as provided in this Section 7.06 only if so elected by the claimant7.06. The place of the arbitration shall be Xxx Xxxx xx Xxx XxxxLondon, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of AmericaEngland, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute, controversy, claim or cause of action, shall have no connection with any party thereto, and shall be an attorney reasonably experienced in international securities transactions. Two If a dispute, controversy, claim or cause of the arbitrators shall be nominated by the respective parties in the notice of arbitration and the statement of defense, and the third, who shall be the Chairman of the tribunal, shall be nominated by the two party-nominated arbitrators within 30 calendar days of the last of their appointments; provided, however, that if a Dispute action shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant and respondent), each of which shall appoint one arbitrator as if there were only two parties to such Disputedispute, controversy, claim or cause of action, and such arbitrators shall appoint the third arbitrator. In the event of agreement on If such alignment, the nomination of an arbitrator by the claimant side alignment and appointment shall be made not have occurred within 30 calendar days of the commencement of the arbitration and the nomination by the respondent side shall be made within 60 twenty (20) calendar days after the commencement of initiating party serves the arbitration. If such alignment is not agreed within 20 calendar days after commencement of the arbitrationarbitration demand, the London Court of International Centre for Dispute Resolution shall, at the written request of any party, Arbitration shall appoint the three arbitrators. The parties and the London Court of International Centre for Dispute Resolution Arbitration may appoint from among the nationals of any country, whether or not a party is a national of that country, except that the Chair of the panel shall not be a national of the country of any party. The arbitrators shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Deposit Agreement.