Common use of ICC Arbitration Clause in Contracts

ICC Arbitration. If an attempt at settlement has failed, the Dispute shall be finally settled by final and binding arbitration under the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”). The Rules are deemed to be incorporated by reference into this clause. The party desiring to commence arbitration shall provide a written request (an “Arbitration Request”) to the other party and to the ICC in accordance with the SPANSION - ChipMOS CONFIDENTIAL SPANSION - ChipMOS Assembly and Test Services Agreement Rules. The number of arbitrators shall be three (such arbitrators, collectively, the “Arbitral Tribunal”). Each of Supplier and SPANSION shall nominate one arbitrator and send written notice of that nomination to the other party within thirty (30) days after the date of the Arbitration Request. In the event that either party fails to nominate its arbitrator or send written notice of that nomination to the other party within such time period, the ICC shall instead nominate that arbitrator within thirty (30) days after receipt of a written notice from either party indicating the other party’s failure to comply with the foregoing provision. Within thirty (30) days after their confirmation, the first two arbitrators shall nominate the third arbitrator, who shall serve as the Chairperson of the Arbitral Tribunal. If the first two arbitrators fail to nominate the third arbitrator within such time period, the third arbitrator shall be nominated by the ICC and shall serve as the Chairperson of the Arbitral Tribunal.

ICC Arbitration. If an attempt at settlement has failed, the Dispute shall be finally settled by final and binding arbitration under the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”). The Rules are deemed to be incorporated by reference into this clause. The party desiring to commence arbitration shall provide a written request (an “Arbitration Request”) to the other party and to the ICC in accordance with the SPANSION - ChipMOS CONFIDENTIAL SPANSION - ChipMOS Assembly and Test Services Agreement Rules. The number of arbitrators shall be three (such arbitrators, collectively, the “Arbitral Tribunal”). Each of Supplier and SPANSION shall nominate one arbitrator and send written notice of that nomination to the other party within thirty (30) days after the date of the Arbitration Request. In the event that either party fails to nominate its arbitrator or send written notice of that nomination to the other party within such time period, the ICC shall instead nominate that arbitrator within thirty (30) days after receipt of a written notice from either party indicating the other party’s failure to comply with the foregoing provision. Within thirty (30) days after their confirmation, the first two arbitrators shall nominate the third arbitrator, who shall serve as the Chairperson of the Arbitral Tribunal. If the first two arbitrators fail to nominate the third arbitrator within such time period, the third arbitrator shall be nominated by the ICC and shall serve as the Chairperson of the Arbitral Tribunal.