Extract to table

Article 16 of the Treaty provides that the Treaty shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles

Treaty Article 22 contains a mandatory arbitration provision that reads, in pertinent part, as follows: "Any dispute arising under or in connection with this Treaty, including but not limited to disputes concerning its formation, validity, interpretation, performance, or termination, shall be submitted to and resolved by a panel of three arbitrators sitting in New York, New York, in accordance with the ARIAS-U

Nothing in this Counterclaim shall be construed as a waiver, abandonment, or relinquishment of QC&S's contractual right to arbitrate

In the event this Court grants a motion to compel arbitration, QC&S will pursue all counterclaims asserted herein before the arbitration panel, and the filing of this Counterclaim shall be without prejudice to QC&S's right to do so