Common use of Arbitration; Settlement of Disputes Clause in Contracts

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, or the breach hereof or thereof, shall be referred to, and finally resolved by, arbitration in accordance with the Rules of the London 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 securities laws of the United States or the rules and regulations thereunder may, but need not, be submitted to arbitration as provided in this Section 7.06. The place of the arbitration shall be London, England, 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. If a dispute, controversy, claim or cause of 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, controversy, claim or cause of action, and such arbitrators shall appoint the third arbitrator. If such alignment and appointment shall not have occurred within twenty (20) calendar days after the initiating party serves the arbitration demand, the London Court of International Arbitration shall appoint the three arbitrators. The parties and the London Court of International 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.

Arbitration; Settlement of Disputes. (a) Any disputeNotwithstanding the provisions in Section 7.6, any 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 SharesADSs, the Receipts ADRs or this Deposit Agreement, or the breach hereof or thereof, shall be referred to, and finally resolved by, arbitration in accordance with the Arbitration Rules of the London Court of International ArbitrationArbitration (the LCIA Rules) in effect on the date of this Agreement, which Rules are deemed to be incorporated by reference into this Section 7.06, and judgment 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 by the Depositary in any court of competent jurisdiction in which such litigation is proceeding; and provided further further, that any such dispute, 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 may, but need not, be submitted to arbitration as provided in this Section 7.067.10. The place of the arbitration shall be London, England, 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, dispute or 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. If a dispute, controversy, claim controversy or cause of 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, controversy, claim controversy or cause of action, and such arbitrators shall appoint the third arbitrator. If such alignment and appointment shall have not have occurred within twenty (20) calendar days after the initiating party serves the arbitration demand, the London Court of International Arbitration shall appoint the three arbitrators. The parties and the London Court of International Arbitration may appoint from among the nationals of any country, whether or not a party is a national of that country, except provided, however, that the Chair chairman of the panel arbitral tribunal shall not be a national of have the country of any party. The arbitrators shall have no authority to award punitive same nationality as the Company 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 AgreementDepositary unless there is express written agreement otherwise.

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 the Deposit Agreement, or the breach hereof or thereof, shall be referred to, and finally resolved by, settled by arbitration in accordance with the International Arbitration Rules of the London Court American Arbitration Association in effect at the time of International Arbitration, which Rules are deemed to be incorporated by reference into this Section 7.06the 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 by the Depositary in any court of competent jurisdiction in which such litigation is proceeding; and provided further provided, further, that any such dispute, controversy, claim or cause of action brought by a party hereto against the Company relating to or based upon the provisions of the federal Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, shall be submitted to arbitration as provided in this Section 7.067.06 of the Deposit Agreement if, but only if, so elected by the claimant. The place of the arbitration shall be LondonTxx Xxxx xx Xxx Xxxx, EnglandXxxxx 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, dispute or 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. Each party shall appoint one arbitrator and the two arbitrators shall select a third arbitrator who shall serve as chairperson of the tribunal. If a dispute, controversy, claim controversy or cause of 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 dispute, controversy, claim controversy or cause of action, and such arbitrators shall appoint the third arbitrator. If such alignment and appointment shall not have occurred within twenty thirty (2030) calendar days after the initiating party serves the arbitration demand, the London Court of International American Arbitration Association shall appoint the three arbitrators, each of whom shall have the qualifications described above. The parties and the London Court of International American Arbitration Association 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 arbitral tribunal shall have no authority to award any consequential, special or punitive damages or other damages not measured by the prevailing party's ’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 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, thereof (a “Dispute”) shall be referred to, and finally resolved by, settled by arbitration in accordance with the International Arbitration Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this Section 7.06American 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 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 may, but need not, shall be submitted to arbitration as provided in this Section 7.067.06 only if so elected by the claimant. The place of the arbitration shall be LondonXxx Xxxx xx Xxx Xxxx, EnglandXxxxx 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, 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. If 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, controversy, claim or cause of action 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 disputeDispute. In the event of agreement on such alignment, controversy, claim or cause the nomination of action, an arbitrator by the claimant side shall be made within 30 calendar days of the commencement of the arbitration and such arbitrators the nomination by the respondent side shall appoint be made within 60 calendar days after the third arbitratorcommencement of the arbitration. If such alignment and appointment shall is not have occurred agreed within twenty (20) 20 calendar days after commencement of the initiating party serves the arbitration demandarbitration, the London Court International Centre for Dispute Resolution shall, at the written request of International Arbitration shall any party, appoint the three arbitrators. The parties and the London Court of International Arbitration Centre for Dispute Resolution 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.

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 SharesADSs, the Receipts ADRs or this Deposit Agreement, or the breach hereof or thereof, shall be referred to, and finally resolved by, arbitration in accordance with the Arbitration Rules of the London Court of International ArbitrationArbitration (the LCIA Rules) in effect on the date of this Agreement, which Rules are deemed to be incorporated by reference into this Section 7.06, and judgment 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 by the Depositary in any court of competent jurisdiction in which such litigation is proceeding; and provided further further, that any such dispute, 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 may, but need not, be submitted to arbitration as provided in this Section 7.0620. The place of the arbitration shall be London, England, 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, dispute or 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. If a dispute, controversy, claim controversy or cause of 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, controversy, claim controversy or cause of action, and such arbitrators shall appoint the third arbitrator. If such alignment and appointment shall have not have occurred within twenty (20) calendar days after the initiating party serves the arbitration demand, the London Court of International Arbitration shall appoint the three arbitrators. The parties and the London Court of International 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.twenty

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 SharesADSs, the Receipts ADRs or this Deposit Agreement, or the breach hereof or thereof, shall be referred to, and finally resolved by, arbitration in accordance with the Arbitration Rules of the London Court of International ArbitrationArbitration (the LCIA Rules) in effect on the date of this Agreement, which Rules are deemed to be incorporated by reference into this Section 7.06, and judgment 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 by the Depositary in any court of competent jurisdiction in which such litigation is proceeding; and provided further further, that any such dispute, 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 may, but need not, be submitted to arbitration as provided in this Section 7.067.11. The place of the arbitration shall be London, England, 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, dispute or 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. If a dispute, controversy, claim controversy or cause of 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, controversy, claim controversy or cause of action, and such arbitrators shall appoint the third arbitrator. If such alignment and appointment shall have not have occurred within twenty (20) calendar days after the initiating party serves the arbitration demand, the London Court of International Arbitration shall appoint the three arbitrators. The parties and the London Court of International Arbitration may appoint from among the nationals of any country, whether or not a party is a national of that country, except provided, however, that the Chair chairman of the panel arbitral tribunal shall not be a national of have the country of any partysame 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 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 H Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this Deposit Agreement, or the breach hereof or thereof, shall be referred to, and finally resolved by, settled by arbitration in accordance with the International Arbitration Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this Section 7.06American 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 by the Depositary in any court of competent jurisdiction in which such litigation is proceeding; and provided further provided, further, that any such dispute, controversy, claim or cause of action brought by a party hereto against the Company relating to or based upon the provisions of the federal Federal securities laws of the United States or the rules and regulations promulgated thereunder may, but need not, be submitted to arbitration as provided in this Section 7.06; and provided, further, that any such controversy, claim or cause of action brought by a party hereto against the Company 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 LondonXxx Xxxx xx Xxx Xxxx, EnglandXxxxx 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, dispute or 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. If a dispute, controversy, claim controversy or cause of 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, controversy, claim controversy or cause of action, and such arbitrators shall appoint the third arbitrator. If such alignment and appointment shall not have occurred within twenty (20) calendar days after the initiating party serves the arbitration demand, the London Court of International American Arbitration Association shall appoint the three arbitrators. The parties and the London Court of International American Arbitration Association 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.