1. All disputes, controversies or claims arising out of or in connection with this Agreement shall be finally settled at the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the HKIAC Administered Arbitration Rules as at present in effect at the date of commencement of the arbitration. The language of the arbitration shall be English.
译文:因本协议而发生的或与之相关的所有争议、纠纷或者索赔,应当提交香港国际仲裁中心(HKIAC)按照仲裁开始之日有效的HKIAC仲裁规则进行裁决,仲裁地为香港,仲裁裁决为终局裁决,仲裁语言为英语。
2. Suggested solutions to this problem include providing a clause in the arbitration agreement that a party must disclose that it is using a funder, requiring the funded party to secure some sort of security to cover the costs should it lose the case, or allowing the parties to agree in advance to the arbitrator having the authority to issue a costs order against a third-party funder.
译文:对此问题建议的解决方案包括在仲裁协议中包含一个条款,规定当事人必须披露自己正在接受资助,要求被资助方获得在案件败诉的情况下承担费用的某种担保,或者允许当事人事先约定仲裁员有权作出由第三方资助者承担仲裁费的裁决。
3. Any Dispute arising out of or in connection with this Agreement that has not been resolved following the procedures set forth in Section 18.1 and Section 18.2(n) or has been required by a Party to be referred to arbitration without reference to an Expert and is not the kind of Dispute identified in Section 18.2(n), shall be settled by arbitration in accordance with the rules of the London Court of International Arbitration, as in effect on the date of this Agreement (the "Rules"), by one (1) arbitrator appointed in accordance with the Rules.
译文:因本协议而发生的或者与之相关的任何争议按照第18条第1款和第18条第2款第(n)项规定的程序未能解决,或者任何一方要求不提交给专家而直接提交仲裁的,出第18条第2款第(n)项所述类型的争议外,争议应当提交英国伦敦国际仲裁院,依据在本协议日期有效的仲裁规则(以下简称“仲裁规则”),指定一(1)名仲裁员进行仲裁。
4. Upon resolution of the Dispute under Section 18.1 or the determination of the Dispute by the Expert under Section 18.2 and without prejudice to the right of either Party to refer a Dispute to arbitration, any amounts disputed and not paid but determined to be owed by a Party or any amounts paid and determined not to be owed shall be paid or repaid to the other Party, as the case may be, within seven (7) Business Days after such resolution or determination, together with interest thereon from but excluding the date initially owed or paid until and including the date paid or repaid, as the case may be, at the Delayed Payment Rate.
译文:在按照按照第18条第1款的规定解决争议后,或者由专家根据第18条第2款的规定对争议作出决定后,在不妨碍任何一方将争议提交仲裁的权利的前提下,一方未支付但根据裁决或决定应付给对方的争议款项,应当在作出裁决或决定之日起七(7)个营业日内支付给对方;一方已支付但根据裁决或决定不应支付给对方的争议款项,应当在作出裁决或决定之日起七(7)个营业日内由对方偿还。支付或偿还争议款项时,按逾期付款利率支付相应的利息,计息期为最初拖欠之日或支付之日(不包括)日起至实际之日或还款之日(包括)。
5. If under the Laws of Pakistan the application of the Rules to the arbitration established for the resolution of a Dispute would not result in an enforceable award then such Dispute shall be finally settled by arbitration under the Rules of Arbitration of the United Nations Commission on International Trade Law (the "UNCITRAL Rules") as in effect on the date of this Agreement by one (1) arbitrator appointed in accordance with the UNCITRAL Rules.
译文:根据巴基斯坦法律规定,上述仲裁规则适用于本协议项下的争议时不能作出有强制执行力的仲裁裁决的,争议应当提交联合国国际贸易法委员会,根据在本协议之日有效的《联合国国际贸易法委员会仲裁规则》(以下简称“UNCITRAL仲裁规则”),根据UNCITRAL仲裁规则指定一(1)名仲裁员进行仲裁,仲裁裁决是终局裁决。
6. In respect to all matters other than those described in Section 18.2 (m), either Party may serve a written notice on the other Party within thirty (30) Days of the Expert's decision having been notified to it, stating its intention to refer the matter in dispute to arbitration, provided that the notifying Party implements fully the decision of the Expert before commencing the procedure to refer the Dispute to arbitration and commences the procedure to refer the Dispute to arbitration within a further forty-five (45) Day period after serving such notice.
译文:对于除第18条第2款第(m)项所述事项之外的所有其他事项,任何一方可以在收到专家的决定通知后三十(30)天内,向另一方发出书面通知,说明将争议事项申请仲裁的意图,但在开始申请仲裁之前,应当完全遵守专家作出的决定,并在通知送达后四十五(45)天内开始申请仲裁。
7. The arbitrators shall hear and determine said controversy in accordance with applicable law, the intention of the parties as expressed in this agreement and any amendments thereto, and upon the evidence produced at an arbitration hearing.
译文:仲裁员应当按照适用法律的规定、本协议及其任何修订中所述的双方意图进行审理,并在仲裁审理时依据出示的证据对争议作出仲裁裁决。
8. In the event that the Buyer's Representative shall advise the Builder that he has discovered and/or believes the construction, work or materials used do not or will not conform to the requirements of this Contract, the Plans or the Specifications but the Builder does not agree with the views of the Buyer's Representative in such respect, the Buyer or the Builder may seek an opinion from the Classification Society or request arbitration in accordance with the provisions of Article 13 hereof.
译文:如买方代表向建造方提出,买方代表发现和/或认为施工、工程或使用的材料不符合或不会符合本合同、“图纸”或“规格”的要求,但建造方不同意买方代表的相关观点的,买方或建造方可以征求船级社的意见,或按照本协议第13条的规定提出仲裁申请。
9. In the event that the parties hereto shall fail to agree to settle a dispute according to Paragraph (a) hereof, such dispute shall be referred to arbitration and London which shall be the place of arbitration unless agreed otherwise by the parties.
译文:本协议双方未能依据本条第(a)款的规定就解决争议方式达成一致的,应当提出仲裁申请,仲裁地为伦敦,但双方另有约定的除外。
10. In the event that a dispute cannot be resolved in good faith pursuant to Section 19.1 or where good faith negotiations do not take place due to concerns in relation to applicable statutes of limitations, either Party shall be entitled to refer the dispute to arbitration by serving written notice on the other Party, in which case the relevant dispute shall be referred to and finally resolved by arbitration pursuant to the International Chamber of Commerce (ICC) Rules of Arbitration by one or more arbitrators appointed in accordance with those Rules, provided that: the arbitral tribunal shall be composed of one arbitrator if the dispute concerns recovery of AAA invoices up to 00000 EUR, and three arbitrators in all other instances; the seat of the arbitration shall be Munich; the arbitration shall be conducted in the English language; and the decisions of the arbitrator shall be final and binding on the Parties.
译文:双方按照第19条第1款的规定诚信谈判后不能达成协议,或因有关时效规定的适用问题不能进行诚信谈判的,任何一方有权在向对方发出书面通知后提出仲裁申请;在这种情况下,应向国际商会(ICC)提出仲裁申请,由国际商会按照当时有效的ICC仲裁规则指定一名或多名仲裁员组成仲裁庭进行仲裁;但争议涉及AAA公司追偿不超过00000欧元发票金额的,仲裁庭由一名仲裁员组成,在所有其他情况下,由三名仲裁员组成;仲裁地为慕尼黑;仲裁语言为英语;仲裁裁决是终局裁决,对双方具有约束力。