ICE Endex Appendix D Rules for Dispute Resolution

Transcript

1 I - Dispute Resolution 13 - 13.1 Any Dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, I 13. In the event of a which LCIA Rules are deemed to be incorporated into this article I - 13, this article I - 13 will he LCIA Rules and this article I - conflict between any provision of t prevail. Any provision of the LCIA Rules relating to the nationality of an arbitrator shall to that extent not apply . 13.2 I seat of arbitration will be London and the language of the arbitration pro ceedings shall be - The English, unless otherwise agreed in writing between the parties in accordance with this article 13. I - - The Tribunal will be comprised of three arbitrators appointed by the LCIA. The LCIA shall I 13.3 appoint one of the arbitrators to act as the chairman of the Tribunal. The Tribunal members th respect to the will be persons considered by the LCIA in its discretion to have experience wi subject matter of the Dispute. Tribunal members shall not be current or former employees or directors of the Member, current or former employees or directors of any other Member that is party to the arbitration, current or former employee s of ICE Endex or Intercontinental Exchange, or any person or persons with a material interest or conflict of interest in the outcome of the Dispute. 13.4 The I - Tribunal shall have the power on the application of any party to an existing arbitration, to one or more Members to be joined to an existing arbitration. Each Member agrees require that it may be joined as an additional party to an arbitration involving ICE Endex and another Member. I - If more than one arbitration is begun under these Rules and ICE Endex or a Member that is a 13.5 party to an arbitration so concerned serves notice upon the Tribunals concerned that it believes two or more arbitrations are substantially related and that the issues should be heard the first - filed of such proceedings shall in one set of proceedings, the Tribunal appointed in have the power to determine whether, in the interests of justice and efficiency, the proceedings should be consolidated and heard together before that Tribunal. I - 13.6 In the case of such joinder or consolidation, the Tr ibunal shall make a single, final award determining all Disputes between the relevant parties in those proceedings. Each Member and ICE Endex irrevocably waives any right to challenge any award or order of any Tribunal from a joined or consolidated arbitration. Each Member and by reason of the fact that it arises ICE Endex hereby irrevocably waives any right to challenge any award or order of any tribunal appointed under the Membership Agreement by reason of the fact that it arises from a ration. consolidated arbit 13.7 I - The award of the Tribunal will be final and binding on ICE Endex and the Member from the day it is made. Judgment upon the award may be entered or the award enforced through any other procedure in any court of competent jurisdiction. - 13.8 I The provision s of this article I - 13 may not be varied by a Member, save where each Member that is party to the Dispute or arbitration proceedings and ICE Endex agree in express written terms. - 13.9 I nd shall not The commencement of any arbitral proceedings shall be without prejudice to a limit in any way the right of ICE Endex to instigate any procedure under articles I - 10 ( Disciplinary Sanctions ), I - 11 ( Suspension of a Member ) or I - 12 ( Termination of Membership ) of these Rules, any investigation, disciplinary proceedings or t he imposition of a sanction. - Each Member that now or hereafter has a right to claim sovereign immunity from suit or I 13.10 sovereign immunity from enforcement for itself or any of its assets shall be deemed to have ermitted by any applicable national, federal, waived any such immunity to the fullest extent p supranational, state, regional, provincial, local or other statute, law, ordinance, regulation, rule, code, guidance, ICE Endex Markets B.V. A 2 4 - 20170 808 / Version 1. 1 -

2 order, published practice or concession, judgment or decision of a governmental authority. S uch waiver shall apply in respect of any immunity from: - 13; (a) any proceedings commenced pursuant to this article I (b) any judicial, administrative or other proceedings to aid an arbitration commenced pursuant - 13; and to this article I to confirm, enforce or execute any decision, settlement, award, judgment, (c) any effort service of process, execution order or attachment (including pre - judgment attachment) that ed pursuant to this article I - results from any judicial or administrative proceedings commenc 13 . - The rights and obligations of the Member under these Rules are of a commercial and not a I 13.11 governmental nature. I 13.12 No Member shall raise or in any way whatsoever assert a defense of sovereign immunity in - relation to any claim or enforcement proceedings arising from a Dispute under these Rules. I - 13.13 The fact of a Member being suspended or expelled shall not affect the rights of any person to arbitration under this article I - 13, however the procedure before the Tribunal shall not stay the nce with article I 11.5 above. suspension, in accorda - ICE Endex Markets B.V. - A 2 5 - 20170 808 / Version 1. 1

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