 

shall be nominated by the 2 (two) arbitrators within a period of 15 (fifteen) days of the
nomination of the second arbitrator. If any arbitrators are not nominated within these time
periods, the SIAC shall make the appointment(s).

 

115.

The place of arbitration shall be Singapore.

Place of Arbitration

 

116.

The language of arbitration shall be English.

Language of
Arbitration

 

117.

The arbitral tribunal shall not be authorized to take or provide, and neither the Company nor
any Relevant Party shall be authorized to seek from any judicial authority, any interim
measures of protection or pre-award relief against IFC and/or DEG, any provisions of the
Rules notwithstanding. Subject to Applicable Law, IFC and/or DEG may approach any
authority for seeking any interim measures against the Company or any Relevant Party, on
equitable grounds or otherwise.

Interim Measures

 

118.

The Company and each of the Promoters and Investors acknowledge and agree that no
provision of Part-B of these Articles or of the Rules, nor the submission to arbitration by
IFC and/or DEG, in any way constitutes or implies a waiver, termination or modification by
IFC and/or DEG of any privilege, immunity or exemption of IFC and/or DEG granted in the
Articles of Agreement establishing IFC international conventions, or the Applicable Law.

 

119.

An arbitral tribunal appointed hereunder or under any other agreement that the Company
and any of its Shareholders are a party to, may exercise jurisdiction with respect to both
these Articles and such other agreements, including if the Agreement and such other
agreements are governed by different laws.

Jurisdiction of
Arbitral Tribunal

 

ASSIGNMENT

 

 

120.

 

The Promoters and the Company shall not be entitled to assign or transfer or purport to
assign or transfer any of its rights or obligations under these Articles except with the prior
written consent of the Investors, except to the extent specifically provided for herein. The
Investors may assign any or all of its rights and obligations under these Articles in
accordance with the terms hereof to any Third Party by providing 7 (seven) days prior
written notice to the Company.

 

 

437

 
