Arbitration

Example (1): Arbitration

Should any dispute or difference arise between the parties hereto or between their legal representative or between one of them and the legal representative of the other in regard to any matter arising out of or relating to this Agreement or to the interpretation thereof or in regard to the interest of either party thereto, contrary to the terms of this Agreement or in regard to any claim which either party may have against the other, then such matter shall be referred to Arbitration. Licensor and Licensee will each nominate an independent arbitrator, who must both be persons of repute, academic qualification and have some experience of computers. If in agreement, the arbitrators will have full powers to decide the dispute and the parties further agree that the decision of such arbitrators shall be final and that no appeal shall lie against such decision. Should the arbitrators not agree, then they will be required to appoint a further single arbitrator who will qualify under the conditions defined, and who will have full power to decide the dispute even if this involves his recommendation to refer the matter to the courts.

Example (2): Arbitration

All disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement, or the breach thereof, shall be finally settled by arbitration in Tokyo, Japan in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. The award rendered by arbitrators shall be final and binding up- on both parties.

Example (3): Arbitration

Any claim or controversy arising between the parties in connection with this Agreement or with a breach thereof which cannot be settled satisfactorily by corespondents or mutual conference shall be settled in Tokyo, Japan, in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce.

Each party shall designate one (1) arbitrator, and the two (2) so chosen shall select a third who shall act as chairman of the arbitration board.

The decision or award of the majority of the arbitration board shall be final and binding upon the parties and judgement thereon may be entered In any court of France, of Switzerland, of Singapore, of United Kingdom, of the United States of America state or federal and of Japan.

Example (4): Arbitration

Any and all controversies or claims arising out of or relating to this Agreement or the breach thereof shall be finally settled by arbitration held in accordance with (…) of  (…). The arbitration, including the rendition of arbitration awards, shall be held in (…), There shall be three (3) arbitrators and each party is entitled to designate one arbitrator. The third arbitrator shall (a) be designated in accordance with (…) of the aforesaid Rules, (b) be of a nationality different from either of the parties and from either of the designated arbitrators and (c) have no economic interest in the industry. The award or decision of the arbitrators shall be final and binding upon the parties. Judgment upon the award or decision rendered by the arbitrators may be entered in any court having Jurisdiction thereof.

Example (5): Arbitration

In the event of any dispute or difference which may arise between both parties hereto, out of or In connection with this Agreement, both parties shall promptly make endeavor to resolve such dispute or difference by mutual discussion.

Should such dispute or difference continue to remain unresolved, such dispute or difference shall be settled by binding arbitration. If the arbitration is Instituted by Licensor (in this case American company), it shall be held in Tokyo in accordance with the rules of the Japan Commercial Arbitration Association, and  if the arbitration is instituted by Licensee (in this case Japanese Company), it shall be held in New York in accordance with the rules of American Arbitration Association.