definiens: shall mean a dispute, controversy or claim 38 that concerns ( a ) the validity or infringement of a patent, trademark or copyright ; or ( b ) any antitru st, anti - monopoly or competition law or regulation, whether or not statutory . ( c ) Arbitration Proceeding . The a rbitration proceeding shall be conducted under the Commercial Arbitration Rules of the American Arbitration Assoc iation ( ) with such proceedings to be held in New Yor k, New York, United States . The arbitrators will ap ply the substantive law specified in Section 11.10 ( Governi ng Law ) . Judgment upon the award rendered by arbitr ation may be issued and enforced by any court having comp etent jurisdiction . The arbitrator ’s fees and expen ses shall be shared equally by the Parties . Each Party shall bear and pay its own expenses incurred in connectio n with any dispute resolution under this Section 11.11 ( Disput e Resolution ) . The arbitration proceedings and the outcome thereof shall be confidential . Notwithstanding the foregoing, either Party shall have the right, witho ut waiving any right or remedy available to such Party under t his Agreement or otherwise, to seek and obtain from any court of competent jurisdiction any interim or provisiona l relief that is necessary or desirable to protect the rights or property of such Party, pending the selection of th e arbitrator hereunder or pending the arbitrator ’s decision of the dispute subject to arbitration