Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. CRS1028 01 G između Francuske agencije za razvoj, kao Zajmodavca i Republike Srbije, kao Zajmoprimca za Projekat modernizacije železničkog sektora u Srbiji - druga faza

Status propisa

Na snazi

Prikazana Verzija

Nema dostupnih verzija

Opšte Informacije

Donosilac	Narodna skupština Republike Srbije

CtrlK

Section17.2

Arbitration

Any dispute arising out of or in connection with this Agreement shall be referred to and finally settled by arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce applicable on the date of commencement of arbitration proceedings, by one or more arbitrators to be appointed in accordance with such Rules. The seat of arbitration shall be Paris and the language of arbitration shall be English.

This arbitration clause shall remain in full force and effect if this Agreement is declared void or is terminated or cancelled and following expiry of this Agreement. The Parties’ contractual obligations under this Agreement are not suspended if a Party initiates legal proceedings against the other Party.

The Parties expressly agree that, by signing this Agreement, the Borrower irrevocably waives all rights of immunity in respect of jurisdiction or execution on which it could otherwise rely.

For the avoidance of doubt, this waiver includes a waiver of immunity from:

Any suit or legal, judicial or arbitral process arising out of, in relation to or in connection with this Agreement;

ii)

Giving of any relief by way of injunction or order for specific performance or for the recovery of assets or revenues;

iii)

Any effort to confirm, recognize, enforce or execute any decision, settlement, award judgment, execution order or, in an action in rem, any effort for the arrest, for the arrest, detention or sale of any of its assets and revenues that result from any arbitration, or any legal, judicial or administrative proceedings.

The Borrower does not waive any immunity in respect of any present or future

“premises of the mission” as defined in the Vienna Convention on Diplomatic Relations signed in 1961, (ii) “consular premises” as 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 and 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) the state's, autonomous province’s or local government’s stocks and shares in companies and public enterprises, unless the relevant entity consented to the establishment of a pledge over such stocks or shares, (ix) movable or immovable assets of health institutions, unless a mortgage was established based on the government's decision, (x) monetary assets and financial instruments determined as financial collateral in accordance with the law regulating financial collateral including monetary assets and financial instruments which are pledged in accordance with such law or (xi) other assets exempt from enforcement by international law or international treaties.

Nastavi čitanje

Član 17.2 Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. CRS1028 01 G između Francuske agencije za razvoj, kao Zajmodavca i Republike Srbije, kao Zajmoprimca za Projekat modernizacije železničkog sektora u Srbiji - druga faza – Arbitration

Arbitration