Common use of Arbitrators; Location Clause in Contracts

Arbitrators; Location. Each Party shall, within [**] of the initiation of the arbitration, select one (1) arbitrator, and the two (2) arbitrators so selected shall choose a third arbitrator within [**] of their election. All three (3) arbitrators shall serve as neutrals and have at least ten (10) years of (a) dispute resolution experience (including judicial experience) and/or (b) legal or business experience in the biotech or pharmaceutical industry. In any event, at least one (1) arbitrator shall satisfy the foregoing experience requirement under clause (b). If a Party fails to nominate its arbitrator, or if the Parties’ arbitrators cannot agree on the third, the necessary appointments shall be made in accordance with the Rules. Once appointed by a Party, such Party shall have no ex parte communication with its appointed arbitrator. The arbitration proceedings shall be conducted in New York, NY, USA. The arbitration proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in another language shall be submitted in English translation accompanied by the original or a true copy thereof.

Appears in 4 contracts

Sources: Option, License, and Collaboration Agreement, Option, License, and Collaboration Agreement (Arvinas Holding Company, LLC), Option, License, and Collaboration Agreement (Arvinas Holding Company, LLC)

Arbitrators; Location. Each Party shall, within [**] of the initiation of the arbitration, shall select one (1) arbitrator, and the two (2) arbitrators so selected shall choose a third arbitrator within [**] of their electionarbitrator. All three (3) arbitrators shall serve as neutrals independent arbitrators and have at least ten (10) years of (a) dispute resolution experience (including judicial experience) and/or (b) legal or business experience in the biotech or pharmaceutical industry. In any event, at least one (1) arbitrator shall satisfy the foregoing experience requirement under clause Clause (b). If a Party fails to nominate its arbitrator, or if the Parties’ arbitrators cannot agree on the third, the necessary appointments shall be made in accordance with the Rules. Once appointed by a Party, such Party shall have no ex parte communication with its appointed arbitrator. The arbitration proceedings shall be conducted in New York, NY, USANew York. The arbitration proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in another language shall be submitted in translated into English translation and accompanied by the original or a true copy thereof.

Appears in 2 contracts

Sources: Co Development and Co Commercialisation Agreement (Bellicum Pharmaceuticals, Inc), Co Development and Co Commercialisation Agreement (Adaptimmune Therapeutics PLC)

Arbitrators; Location. Each Party shall, within [**] of the initiation of the arbitration, shall select one (1) arbitrator, and the two (2) arbitrators so selected shall choose a third arbitrator within [**] of their electionarbitrator. All three (3) arbitrators shall serve as neutrals and have at least ten (10) years of (a) dispute resolution experience (including judicial experience) and/or (b) legal or business experience in the biotech or pharmaceutical industry. In any event, at least one (1) arbitrator shall satisfy the foregoing experience requirement under clause (b). If a Party fails to nominate its arbitrator, or if the Parties’ arbitrators cannot agree on the third, the necessary appointments shall be made in accordance with the Rules. Once appointed by a Party, such Party shall have no ex parte communication with its appointed arbitrator. The place of arbitration proceedings shall be conducted in New York, NY, USANew York. The arbitration proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in another language shall be submitted in English translation accompanied by the original or a true copy thereof.

Appears in 1 contract

Sources: Research Collaboration and License Agreement (Affimed N.V.)

Arbitrators; Location. Each Party shall, within shall select [**] of the initiation of the arbitration, select one (1) arbitrator*], and the two (2) [***] arbitrators so selected shall choose a third arbitrator within [***] of their electionarbitrator. All three (3) [***] arbitrators shall serve as neutrals and have at least ten (10) years of of: (a) dispute resolution experience (including judicial experience) and/or (b) legal or business experience in the biotech or pharmaceutical industry. In any event, at least one (1) arbitrator shall satisfy the foregoing experience requirement under clause (b). If a Party fails to nominate its arbitrator, or if the Parties’ arbitrators cannot agree on the third, the necessary appointments shall be made in accordance with the Rules. Once appointed by a Party, such Party shall have no ex parte communication with its appointed arbitrator, other than as permitted by Rule 14(b) of the Rules. The arbitration proceedings shall be conducted in New York, NYNew York, USA. The arbitration proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in another language shall be submitted in English translation accompanied by the original or a true copy thereof.

Appears in 1 contract

Sources: Strategic Collaboration and License Agreement (Adaptive Biotechnologies Corp)