Common use of Methods of Resolution of Disputes Clause in Contracts

Methods of Resolution of Disputes. If there is any dispute arising out of or in connection with this Agreement, each Party shall have the right to submit the dispute to China International Economic and Trade Arbitration Commission Shanghai Sub-Commission for arbitration in Shanghai in accordance with the arbitration rules then in effect. The arbitration tribunal shall consist of three arbitrators appointed in accordance with arbitration rules. The claimant shall appoint one arbitrator, and the respondent shall appoint one arbitrator. The third arbitrator shall be appointed by the above two arbitrators through consultation or designated by China International Economic and Trade Arbitration Commission Shanghai Sub-Commission. The arbitration shall be conducted in confidentiality and the language used in the arbitration shall be Chinese. The arbitration award shall be final and binding upon the Parties. In appropriate circumstances, the arbitral tribunal or arbitrator may award compensation, award injunctive relief (including, but not limited to, those required for the conduct of business or the forced transfer of assets) or filing a petition for winding-up in accordance with the dispute resolution provisions and/or applicable PRC law with respect to the parties’ equity, assets, property interests or land assets. Furthermore, the Parties shall have the right to apply for interim remedies from any competent court that has jurisdiction, (including the courts located in Hong Kong, the courts at the place where the VIE Co is registered (which is Beijing, China), the courts located in Cayman Islands and the courts at the place where the major assets of the VIE Co is located), during formation of the arbitration tribunal. During the course of arbitration, the Parties shall continue to have their other rights hereunder and perform their obligations hereunder, except for those in dispute and under arbitration.

Appears in 4 contracts

Samples: Exclusive Call Option Agreement (Leju Holdings LTD), Exclusive Call Option Agreement (Leju Holdings LTD), Exclusive Call Option Agreement (Leju Holdings LTD)

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Methods of Resolution of Disputes. If there is any dispute arising out of or in connection with this Agreement, each Party shall have the right to submit the dispute to China International Economic and Trade Arbitration Commission Shanghai Sub-Commission for arbitration in Shanghai in accordance with the arbitration rules then in effect. The arbitration tribunal shall consist of three arbitrators appointed in accordance with arbitration rules. The claimant shall appoint one arbitrator, and the respondent shall appoint one arbitrator. The third arbitrator shall be appointed by the above two arbitrators through consultation or designated by China International Economic and Trade Arbitration Commission Shanghai Sub-Commission. The arbitration shall be conducted in confidentiality and the language used in the arbitration shall be Chinese. The arbitration award shall be final and binding upon the Parties. In appropriate circumstances, the arbitral tribunal or arbitrator may award compensation, award injunctive relief (including, but not limited to, those required for the conduct of business or the forced transfer of assets) or filing a petition for winding-up in accordance with the dispute resolution provisions and/or applicable PRC law with respect to the parties’ equity, assets, property interests or land assets. Furthermore, the Parties shall have the right to apply for interim remedies from any competent court that has jurisdiction, (including the courts located in Hong Kong, the courts at the place where the VIE Co is registered (which is BeijingShanghai, China), the courts located in Cayman Islands and the courts at the place where the major assets of the VIE Co is located), during formation of the arbitration tribunal. During the course of arbitration, the Parties shall continue to have their other rights hereunder and perform their obligations hereunder, except for those in dispute and under arbitration.

Appears in 2 contracts

Samples: Exclusive Call Option Agreement (Leju Holdings LTD), Exclusive Call Option Agreement (Leju Holdings LTD)

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Methods of Resolution of Disputes. If there is Where any dispute arising out of or in connection with the execution of this Agreementagreement, each Party either party shall have the right to submit the dispute to the China International Economic and Trade Arbitration Commission Shanghai Sub-Commission for arbitration in Shanghai Beijing in accordance with the arbitration procedures and rules then in effectforce at that time. The arbitration arbitral tribunal shall consist consists of three arbitrators appointed in accordance with the arbitration rules. The claimant shall appoint one , the applicant designates an arbitrator, the respondent designates an arbitrator, and the respondent shall appoint one arbitrator. The third arbitrator shall be is appointed by negotiation by the former two arbitrators or appointed by the above two arbitrators through consultation or designated by China International Economic and Trade Arbitration Commission Shanghai Sub-Commission. The arbitration Arbitration shall be conducted in confidentiality and a state of confidentiality, the language used in the of arbitration shall be being Chinese. The arbitration arbitral award shall be is final and binding upon the Partieson both parties. In appropriate circumstancesWhere appropriate, the arbitral tribunal or arbitrator may award compensationmay, in accordance with the dispute settlement clause and/or applicable Chinese law, award injunctive compensation for the parties’ equity interests, assets, property interests or land assets, award compulsory relief (including, but not limited to, those required the need for the conduct of business or the forced forcible transfer of assets) or filing a petition for propose the winding-up in accordance with the dispute resolution provisions and/or applicable PRC law with respect to of the parties’ equity. In addition, assets, property interests or land assets. Furthermoreduring the formation of the arbitral tribunal, the Parties shall parties have the right to apply for interim remedies from to any court of competent court that has jurisdiction, jurisdiction (including the courts located in of Hong Kong, the courts at the place where of incorporation of the VIE Co is registered (which is Beijing, ChinaCo(Beijing), the courts located in Cayman Islands and the courts at the place where the major principal assets of the VIE Co is are located), during formation ) for the granting of the arbitration tribunalinterim relief measures. During the course of arbitrationarbitration period, the Parties shall continue to have their other respective rights hereunder under this Agreement and to continue to perform their respective obligations hereunderunder this Agreement, except for those the part where the parties have disputes and such dispute is in dispute and under the progress of arbitration.

Appears in 1 contract

Samples: Exclusive Share Purchase Option Agreement (WiMi Hologram Cloud Inc.)

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