21. Dispute Resolution

21.1. Arbitration

Any dispute, controversy or claim arising out of or relating to or concerning these Terms, or the breach, or invalidity thereof, shall be settled by binding arbitration except for any disputes where either party seeks injunctive or equitable relief for the alleged unlawful use of intellectual property. The process of such proceedings shall remain confidential between the parties and not be disclosed to third parties.

21.2. Enforceability

The enforceability of this clause will be both substantively and procedurally governed by, construed, and enforced in accordance with the Gibraltar Arbitration Act 1895, to the maximum extent permissible by law. The place of arbitration shall be Gibraltar and shall be conducted in the English language. The law governing the arbitration agreement shall be governed by Gibraltar.

21.3. Notifications

Each party is required to notify the other Party with 30 days written notice of any matter that is required to be determined in relation to a dispute. The parties shall attempt to resolve the matters before commencing arbitration proceedings on a best-efforts basis and in good faith. Each notice shall set out (i) full details of the persons party to the dispute including name, address, contact number and email address; (ii) a detailed description of the nature and basis of the dispute including the relief sought. Should the parties not reach a resolution within 30 days then either you or the Company may commence arbitration proceedings or file a claim in court subject to clause 20.1.

21.4. Exclusive Jurisdiction

Arbitration will be conducted confidentially by a single arbitrator. The courts of Gibraltar shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

21.5. Decision-making

The arbitrator will have the authority and jurisdiction to make procedural and substantive decisions regarding a dispute including the determination of whether the dispute is arbitrable, the authority to grant any remedy that would not be available in court.