Common use of General Arbitration Procedure for Disputes Clause in Contracts

General Arbitration Procedure for Disputes. The seat of arbitration will be in New York, New York, and the arbitration will be conducted in the English language. No Party will challenge the jurisdiction or venue provisions as provided in this Agreement. The arbitration will be conducted by a single arbitrator, who will be appointed according to the Rules or by mutual agreement of the Parties and who must be an attorney admitted to practice law in the State of New York. The arbitral award shall be final, definitive and binding on the Parties and their successors and permitted assigns. The Parties reserve the right to apply to a competent judicial court to obtain urgent remedies to protect rights before establishment of the arbitration panel, without such recourse being considered as a waiver of arbitration. Except as otherwise determined by the arbitrator, the Parties shall each bear half of the fees and expenses of the arbitrator and the ICC, and each Party shall bear the costs and fees of its attorneys. Nothing in this Agreement shall be deemed as preventing either Party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of the dispute as necessary to protect such Party’s name, Confidential Information, Know-How, intellectual property rights, or any other proprietary right or otherwise to avoid irreparable harm. If the issues in dispute involve scientific or technical matters, then any arbitrator chosen hereunder shall have educational training or experience sufficient to demonstrate a reasonable level of knowledge in the field of biotechnology and pharmaceuticals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties intend that each award rendered by an arbitrator hereunder shall be entitled to recognition and enforcement under the United Nations Convention on the Recognition and Enforcement of Arbitral Awards (New York, 1958).

Appears in 2 contracts

Samples: License Agreement (Sol-Gel Technologies Ltd.), License Agreement (Sol-Gel Technologies Ltd.)

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General Arbitration Procedure for Disputes. The seat of arbitration will be in New York, New York, unless another venue is agreed upon by Parties, and the arbitration it will be conducted in the English language. No Party will challenge The arbitrators may not decide based on equity. Unless agreed by the jurisdiction or venue provisions as provided in this Agreement. The Parties to choose a single common arbitrator, the arbitration will be conducted by a single three arbitrators, one appointed by each Party, according to the Rules. The two arbitrators appointed by the Parties will by mutual agreement appoint the third arbitrator, who will be appointed according to preside over the Rules arbitration. Any dispute or by mutual agreement omission regarding the appointment of the Parties and who must arbitrators by the Parties, as well as the choice of the third arbitrator, will be an attorney admitted to practice law in resolved by the State International Chamber of New YorkCommerce (“ICC”). The arbitral award shall be final, definitive and binding on the Parties and their successors and permitted assignssuccessors. The Parties reserve the right to apply to a competent judicial court to obtain urgent remedies to protect rights before establishment of the arbitration panel, without such recourse being considered as a waiver of arbitration. Except as otherwise determined by the arbitrator, the Parties shall each bear half of the fees and expenses of the arbitrator and the ICC, and each Party shall bear the costs and fees of its attorneys[***]. Nothing in this Agreement shall be deemed as preventing either Party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of the dispute as necessary to protect such either Party’s name, Confidential Information, Know-How, intellectual property rights, rights or any other proprietary right or otherwise to avoid irreparable harm. If the issues in dispute involve scientific or technical matters, then any arbitrator arbitrators chosen hereunder shall have educational training or experience sufficient to demonstrate a reasonable level of knowledge in the field of biotechnology and pharmaceuticals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties intend that each award rendered by an arbitrator Arbitrator hereunder shall be entitled to recognition and enforcement under the United Nations Convention on the Recognition and Enforcement of Arbitral Awards (New York, 1958).

Appears in 1 contract

Samples: Collaboration and License Agreement (Verona Pharma PLC)

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General Arbitration Procedure for Disputes. The seat of arbitration will be in New York[***], New Yorkunless another venue is agreed upon by Parties, and the arbitration it will be conducted in the English language. No Party will challenge The arbitrators may not decide based on equity. Unless agreed by the jurisdiction or venue provisions as provided in this Agreement. The Parties to choose a single common arbitrator, the arbitration will be conducted by a single three arbitrators, one appointed by each Party, according to the Rules. The two arbitrators appointed by the Parties will by mutual agreement appoint the third arbitrator, who will be appointed according to preside over the Rules arbitration. Any dispute or by mutual agreement omission regarding the appointment of the Parties and who must arbitrators by the Parties, as well as the choice of the third arbitrator, will be an attorney admitted to practice law in resolved by the State International Chamber of New YorkCommerce (“ICC”). The arbitral award shall be final, definitive and binding on the Parties and their successors and permitted assignssuccessors. The Parties reserve the right to apply to a competent judicial court to obtain urgent remedies to protect rights before establishment of the arbitration panel, without such recourse being considered as a waiver of arbitration. Except as otherwise determined by the arbitrator, the Parties shall each bear half of the fees and expenses of the arbitrator and the ICC, and each Party shall bear the costs and fees of its attorneys[***]. Nothing in this Agreement shall be deemed as preventing either Party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of the dispute as necessary to protect such either Party’s name, Confidential Information, Know-How, intellectual property rights, rights or any other proprietary right or otherwise to avoid irreparable harm. If the issues in dispute involve scientific or technical matters, then any arbitrator arbitrators chosen hereunder shall have educational training or experience sufficient to demonstrate a reasonable level of knowledge in the field of biotechnology and pharmaceuticals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties intend that each award rendered by an arbitrator Arbitrator hereunder shall be entitled to recognition and enforcement under the United Nations Convention on the Recognition and Enforcement of Arbitral Awards (New York, 1958).

Appears in 1 contract

Samples: License Agreement (Clearside Biomedical, Inc.)

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