Open Source Software Licenses and Attributions Document
file:///C|/tape_2_ppc.lai.html[9/7/2012 2:56:11 PM]
forth the findings of fact and the conclusions of law.
The number of arbitrators will be three, with each side to the dispute being entitled to appoint one arbitrator. The two
arbitrators appointed by the parties will appoint a third arbitrator who will act as chairman of the proceedings.
Vacancies in the post of chairman will be filled by the president of the SIAC. Other vacancies will be filled by the
respective nominating party. Proceedings will continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party
appoints its, the first appointed arbitrator will be the sole arbitrator, provided that the arbitrator was validly and
properly appointed. All proceedings will be conducted, including all documents presented in such proceedings, in the
English language. The English language version of this Agreement prevails over any other language version.
(2) In the People's Republic of China:
In case no settlement can be reached, the disputes will be submitted to China International Economic and Trade
Arbitration Commission for arbitration according to the then effective rules of the said Arbitration Commission. The
arbitration will take place in Beijing and be conducted in Chinese. The arbitration award will be final and binding on
both parties. During the course of arbitration, this agreement will continue to be performed except for the part which
the parties are disputing and which is undergoing arbitration.
EUROPE, MIDDLE EAST, AND AFRICA
(3) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of
Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia,
Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:
All disputes arising out of this Agreement or related to its violation, termination or nullity will be finally settled under
the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in
Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in
Vienna, Austria, and the official language of the proceedings will be English. The decision of the arbitrators will be
final and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure,
the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute
proceedings in a competent court in the country of installation.
(4) In Estonia, Latvia, and Lithuania:
All disputes arising in connection with this Agreement will be finally settled in arbitration that will be held in Helsinki,
Finland in accordance with the arbitration laws of Finland then in effect. Each party will appoint one arbitrator. The
arbitrators will then jointly appoint the chairman. If arbitrators cannot agree on the chairman, then the Central Chamber
of Commerce in Helsinki will appoint the chairman.
AMERICAS COUNTRY AMENDMENTS
CANADA
10.1 Items for Which IBM May Be Liable
The following replaces Item 1 in the first paragraph of this Subsection 10.1 (Items for Which IBM May Be Liable):
1) damages for bodily injury (including death) and physical harm to real property and tangible personal property
caused by IBM's negligence; and
13. General
The following replaces Item 13.d:
