Zakon o potvrđivanju Ugovora o kreditnom aranžmanu kupca između Republike Srbije koju zastupa Vlada Republike Srbije postupajući preko Ministarstva finansija u svojstvu Zajmoprimca aranžiran od strane BNP Paribas, Credit Agricole Corporate and Investment Bank i Societe Generale u svojstvu Ovlašćenih vodećih aranžera sa Credit Agricole Corporate and Investment Bank u svojstvu Banke za globalnu koordinaciju i dokumentaciju i Credit Agricole Corporate and Investment Bank u svojstvu Agenta ESA i Kreditnog aranžmana i Societe Generale u svojstvu Agenta životne i društvene sredine i Koordinatora zelenog zajma i Finansijskih institucija navedenih u Delu 1 Priloga 1 u svojstvu Prvobitnih zajmodavaca
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Narodna skupština Republike Srbije
Član 37. Zakon o potvrđivanju Ugovora o kreditnom aranžmanu kupca između Republike Srbije koju zastupa Vlada Republike Srbije postupajući preko Ministarstva finansija u svojstvu Zajmoprimca aranžiran od strane BNP Paribas, Credit Agricole Corporate and Investment Bank i Societe Generale u svojstvu Ovlašćenih vodećih aranžera sa Credit Agricole Corporate and Investment Bank u svojstvu Banke za globalnu koordinaciju i dokumentaciju i Credit Agricole Corporate and Investment Bank u svojstvu Agenta ESA i Kreditnog aranžmana i Societe Generale u svojstvu Agenta životne i društvene sredine i Koordinatora zelenog zajma i Finansijskih institucija navedenih u Delu 1 Priloga 1 u svojstvu Prvobitnih zajmodavaca – JURISDICTION - ARBITRATION
Any dispute, difference, claim or controversy arising out of or in connection with this Agreement and any other Finance Document providing for settlement of disputes by arbitration, including any question regarding its existence, validity, interpretation, breach or termination (a Dispute), shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (in force on the effective date of the arbitration procedure) as amended by this
(for the purposes of this Subclause, the Rules). The arbitration proceeding shall be governed by French Law. The arbitration will be an institutional arbitration and the arbitration centre (the Arbitral Tribunal) will be the International Court of Arbitration of the International Chamber of Commerce. The arbitration proceeding shall be confidential.
If at any point during the course of a pending arbitration proceeding (Existing Dispute), the Existing Dispute raises issues related to or in connection with any other dispute arising either under this Agreement and/or any other Finance Document providing for settlement of disputes by arbitration (Related Dispute), the Arbitral Tribunal shall, on the application of any party and taking into account the stage of the arbitration and other relevant circumstances, have the authority to consolidate the Existing Dispute and the Related Dispute so that they are heard together before a single Arbitral Tribunal.
b)
The Rules are incorporated by reference into this Clause and capitalised terms used in this Clause which are not otherwise defined in this Agreement, have the meaning given to them in the Rules.
c)
The number of arbitrators shall be three. Each arbitrator shall have no connection with the Dispute, shall have no connection with any party thereto and shall be experienced in international finance transactions. Each party to the Dispute shall nominate an arbitrator. The party– appointed arbitrators shall, in turn, jointly nominate the Chairman of the arbitral tribunal. If a Dispute shall involve more than two parties, the parties thereto shall attempt to align themselves in two sides (i.e. claimant and respondent) each of which shall appoint an arbitrator as if there were only two parties to such Dispute. If such alignment and appointment shall not have occurred within twenty (20) calendar days after the initiating party serves the request for arbitration or if a Chairman has not been appointed within thirty (30) calendar days of the selection of the second arbitrator, the International Court of Arbitration of the International Chamber of Commerce shall appoint the three arbitrators or the Chairman, as the case may be.
d)
The Borrower and each Finance Party expressly agrees and consents to this procedure for nominating and appointing the Arbitral Tribunal and the Borrower, for such purposes, hereby expressly waives any right of immunity of jurisdiction in this respect.
e)
The seat, or legal place of arbitration, shall be Paris. The language used in the arbitral proceedings shall be English.
f)
Fees of the arbitration (including each Party's preparation, attorneys' fees and similar costs) shall be borne in accordance with the decision of the Arbitral Tribunal. Each Party shall bear its own costs directly relating to the physical organization and the holding of the arbitration proceeding in Paris (e.g. travel, hotel, rental of premises).
g)
The decision of the Arbitral Tribunal shall be final, binding and enforceable upon the Parties and judgment upon any award rendered by the Arbitral Tribunal may be entered in any court having jurisdiction thereof.
h)
In the event that the failure of a Party to comply with the decision of the Arbitral Tribunal requires any other Party to apply to any court for enforcement of such award, the non-complying Party shall be liable to the other for all costs of such proceedings, including reasonable attorneys' fees.
shall limit the rights of the Lenders to seek or obtain any provisional or ancillary remedies from any court of competent jurisdiction before, after, during or in the absence of any arbitration proceedings.
j)
The Borrower hereby expressly and irrevocably agrees that, should any Finance Party take any proceedings anywhere (whether for an injunction, specific performance, damages or otherwise), no immunity (whether on the grounds of sovereignty or otherwise) of jurisdiction or from attachment (whether in aid of execution, before judgment or otherwise) of its assets or from execution of judgment shall be applicable or claimed by it or on behalf of it or with respect to those assets, except with respect to:
(i)
“premises of the mission” (including any furniture and assets located therein and means of transport of the mission) as such term is defined in the Vienna Convention on Diplomatic Relations signed in 1961;
(ii)
“consular premises” as such term is defined in the Vienna Convention on Consular Relations signed in 1963;
(iii)
assets that cannot be in commerce;
(iv)
military property or military assets and buildings, weapons or equipment designated for defence, state and public security;
(v)
receivables the assignment of which is restricted by law;
(vi)
natural resources, common use items, grids in public ownership, river basin land and water facilities in public ownership, protected natural heritage in public ownership and cultural heritage in public ownership;
(vii)
real estate in public ownership which is, partly or entirely, used by the authorities of the Republic of Serbia, autonomous provinces or local self-government for the purpose of exercising their rights and duties;
(viii)
movable or immovable assets of healthcare institutions (other than in case of enforcement of a mortgage which was established with consent of the Government of Republic of Serbia); and
(ix)
other assets exempt from enforcement by law or international treaties.
(all such assets, revenues or properties referred to in paragraphs (i) to