AMD 2000 Annual Report Download - page 315

(b) The arbitral tribunal shall be composed of three arbitrators,
one appointed by each party, and the two arbitrators so appointed shall, within
15 days appoint a third arbitrator who shall be chosen from a country other than
those of which the parties are nationals, who shall be fluent in English, and
who shall act as Chairman of the tribunal.
(c) In arriving at decisions, the arbitrators shall apply the terms
and conditions of this Agreement in accordance with the laws of California.
(d) The award shall be deemed a U.S. award for purposes of the
Convention the Recognition and Enforcement of Foreign Arbitral Awards of 1958
(the "New York Convention"). The English language shall be used in the
arbitral proceedings and all exhibits and other evidence in a language other
than English shall be accompanied by English translations when submitted into
evidence before the arbitral tribunal.
(e) The arbitrators are empowered to render the following awards in
accordance with any provision of this Agreement or any related agreement: (i)
enjoining a party from performing any act prohibited, or compelling a party to
perform any act required, by the terms of this Agreement or any related
agreement and any order entered pursuant to this Agreement and (ii) ordering
such other legal or equitable relief, including any provisional legal or
equitable relief, or specifying such procedures as the arbitrator deems
appropriate, to resolve any Dispute submitted for arbitration. The parties shall
be entitled to discover all documents and other information reasonably necessary
for a full understanding of any legitimate issue raised in the arbitration. They
may use all methods of discovery customary under U.S. federal law, including but
not limited to depositions, requests for admission, and requests for production
of documents. The time periods for compliance shall be set by the arbitrators,
who may also set limits on the scope of such discovery. The arbitrators shall
not be empowered to award consequential or punitive damages.
(f) Either party may file an application in any proper court
described in Section 7.11 for a provisional remedy in connection with an
arbitrable controversy hereunder, but only upon the ground that the award to
which the applicant may be entitled may be rendered ineffectual without
provisional relief.
(g) The arbitrators shall issue to both parties a written
explanation in English of the reasons for the award and a full statement of the
facts as found and the rules of law applied in reaching the decision.
(h) Any monetary award shall be made and shall be payable in DM free
of any tax or any deduction.
(i) The award of the arbitral tribunal will be the sole and
exclusive remedy between the parties regarding any and all claims and
counterclaims with respect to the subject matter of the arbitrated dispute. An
award rendered in connection with an arbitration pursuant to this Section 7.10
shall be final and binding upon the parties, and any judgment upon which an
award may be entered and enforced in any court of competent jurisdiction.
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001