Common use of Arbitration and Jurisdiction Clause in Contracts

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the London Court of International Arbitration. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx 0000 to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIB, any provisions of UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB as to any amount due to NIB under any Financing Agreement shall be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the London Court of International Arbitration. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx Axx 0000 to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBEDC, any provisions of UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB EDC or the Borrower insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB EDC as to any amount due to NIB EDC under any Financing Agreement shall be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to (1) this AgreementDeed, or (2) the breach, termination or invalidity hereof, hereof or (3) any non-contractual obligations arising out of or in connection with this Deed shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties Parties hereby waive any rights under the Arbitration Xxx 0000 Act 1996 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or providegrant, and each of the City and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBEBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB EBRD as to any amount due to NIB EBRD under any Financing Agreement shall be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one (1) arbitrator and the appointing authority shall be the LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx Axx 0000 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower Pledgor agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBthe Pledgeholder, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower Pledgeholder (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB the Pledgeholder as to any amount due to NIB the Pledgeholder under any Financing Agreement shall be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this AgreementDeed, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the London Court of International Arbitration. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx 0000 Act 1996 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it parties shall not be authorised to seek from any judicial authority, any interim measures of protection or pre-award relief against NIBany of the Senior Lenders, any provisions of UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB any of the Senior Lenders or the Borrower other parties hereto insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB any Senior Lender as to any amount due to NIB such Senior Lender under any Financing Agreement shall be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the London Court of International ArbitrationLCIA. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx 0000 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBEBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB EBRD as to any amount due to NIB EBRD under any Financing Agreement shall be prima facie evidence of such amountamount unless the findings in such certificate involve manifest error.

Arbitration and Jurisdiction. (a) Any a)Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one (1) arbitrator and the appointing authority shall be the LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx 0000 Act 1996 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower Pledgor agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBthe Pledgeholder, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower Pledgeholder (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB the Pledgeholder as to any amount due to NIB the Pledgeholder under any Financing Agreement shall be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the London Court of International Arbitration. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx Axx 0000 to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBthe Bank, any provisions of UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB the Bank or the Borrower insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB the Bank as to any amount due to NIB the Bank under any Financing Agreement shall be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Supplemental Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the London Court of International ArbitrationLCIA. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx 0000 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBEBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB EBRD as to any amount due to NIB EBRD under any Financing Agreement shall be prima facie evidence of such amountamount unless the findings in such certificate involve manifest error.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the London Court of International Arbitration. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx Axx 0000 to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIB, any provisions of UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB as to any amount due to NIB under any Financing Agreement shall be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx 0000 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBEBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower EBRD (but no other party) insofar as such dispute arises out of this Agreement or any Financing Agreementother agreement contemplated hereby, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB EBRD as to any amount due to NIB EBRD under any Financing this Agreement shall be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the London Court of International ArbitrationLCIA. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx 0000 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBEBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower EBRD (but no other party) insofar as such dispute arises out of any New Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB EBRD as to any amount due to NIB EBRD under any New Financing Agreement shall be prima facie evidence of such amountamount unless the findings in such certificate involve manifest error.

Arbitration and Jurisdiction. (a) 34.1 Arbitration Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in forceforce on the Signing Date. There shall be one arbitrator and the appointing authority shall be the London Court of International Arbitration. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx Axx 0000 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBEBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower EBRD (but no other party) insofar as such dispute arises out of any Financing AgreementFinance Document, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB EBRD as to any amount due to NIB it under any Financing Agreement shall Finance Document shall, in the absence of manifest error, be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx Axx 0000 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or provide, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBEBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB EBRD as to any amount due to NIB EBRD under any Financing Agreement shall be prima facie evidence of such amount.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to (1) this Agreement, or (2) the breach, termination or invalidity hereof, or (3) any non-contractual obligations arising out of or in connection with this Agreement, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be the LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties Parties hereby waive any rights under the Arbitration Xxx 0000 Act 1996 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or providegrant, and each of the Borrower and the Project Bank agrees that it shall not seek from any judicial authority, any interim measures of protection or pre-award relief against NIBEBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB EBRD as to any amount due to NIB EBRD under any Financing this Agreement shall be prima facie evidence of such amount. Notwithstanding Section 9.08(a) above, this Agreement and any rights of EBRD arising out of or relating to this Agreement, may, at the option of EBRD, be enforced by EBRD in the courts of England, Romania or in any other courts having jurisdiction. For the benefit of EBRD, each of the Borrower and the Project Bank hereby irrevocably submits to the non-exclusive jurisdiction of the courts of England with respect to any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof or thereof. Failure by a process agent to notify the Borrower and/or the Project Bank of the process will not invalidate the proceedings concerned. Each of the Borrower and the Project Bank hereby irrevocably consents to the service of process or any other legal summons out of such courts by mailing copies thereof by registered airmail postage prepaid to its address specified herein. Each of the Borrower and the Project Bank covenants and agrees that, so long as it has any obligations under this Agreement, it shall maintain a duly appointed agent to receive service of process and any other legal summons in England for purposes of any legal action or proceeding brought by EBRD in respect of this Agreement and shall keep EBRD advised of the identity and location of such agent. Nothing herein shall affect the right of EBRD to commence legal actions or proceedings against the Borrower and/or the Project Bank in any manner authorised by the laws of any relevant jurisdiction. The commencement by EBRD of legal actions or proceedings in one or more jurisdictions shall not preclude EBRD from commencing legal actions or proceedings in any other jurisdiction, whether concurrently or not. Each of the Borrower and the Project Bank irrevocably waives any objection it may now or hereafter have on any grounds whatsoever to the laying of venue of any legal action or proceeding and any claim it may now or hereafter have that any such legal action or proceeding has been brought in an inconvenient forum.

Arbitration and Jurisdiction. (a) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one (1) arbitrator and the appointing authority shall be the LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx Axx 0000 to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the Courts courts of England. The arbitral tribunal shall not be authorised to take or provide, and none of the Borrower agrees that it Sponsor, the Participant or the Company shall not be authorised to seek from any judicial authority, any interim measures of protection or pre-award relief against NIBEBRD, any provisions of UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by NIB or the Borrower EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of NIB EBRD as to any amount due to NIB EBRD under any Financing Agreement shall be prima facie evidence of such amount.