AMD 1993 Annual Report Download - page 189

38
Section 8.6. Arbitration.
A. Any and all disputes arising under or affecting
this Agreement shall be resolved exclusively by confidential
arbitration pursuant to the rules of the Japan Commercial
Arbitration Association in Tokyo, Japan, or such other location
as may be agreed between the parties; provided, however, that the
arbitrators shall be empowered to hold hearings at other
locations within and without Japan. Each of the parties shall
designate one arbitrator and the two arbitrators so designated
shall select the third arbitrator. Arbitration proceedings shall
be conducted in English with simultaneous translation into
Japanese. Among the remedies available to them, the arbitrators
shall be authorized to order the specific performance of
provisions of this Agreement and of the Associated Agreements.
The judgment upon award of the arbitrators shall be final and
binding and may be enforced in any court of competent
jurisdiction including any court of competent jurisdiction in the
United States or Japan, and each of the parties hereto
unconditionally submits to the jurisdiction of such court for the
purpose of any proceeding seeking such enforcement. Subject only
to the provisions of Applicable Law, the procedure described in
this Section 8.6 shall be the exclusive means of resolving
disputes arising under or affecting this Agreement.
B. All papers, documents or evidence, whether written
or oral, filed with or presented to the panel of arbitrators
shall be deemed by the parties and by the arbitrators to be
Confidential Information. No party or arbitrator shall disclose
in whole or in part to any other person any Confidential
Information submitted in connection with the arbitration
proceedings, except to the extent reasonably necessary to assist
counsel in the arbitration or preparation for arbitration of the
dispute. Confidential Information may be disclosed (i) to
attorneys, (ii) to parties, and (iii) to outside experts
34
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1994