definiens: ( ( defined below ) shall be finally resolved by binding arbitration administere d by the International Chamber of Commerce ( ) ( or any successor entity thereto ) pursuant to its arbit ration rules and procedures then in effect ( the ), as modified in this Section 16.5 . 120 ( b ) The arbitration shall be conducted by a tribunal of arbitrators experienced in the business of pharmaceuticals ( including biologicals ) . The tribunal shall be compromised of three ( 3 ) arbitrators, one of whom shall be nominated by each Party and a third of whom, who shall serve as the presiding arbitrator, shall be nominated by mutual agreement of the two party - nominated arbitrators . I f the two party - nominated arbitrators do not nominate the third arbitrator within [ * * * ] of the second arbitr ator ’s appointment, then the third arbitrator shall be app ointed by the ICC Court . If the issues in dispute i nvolve scientific, technical or commercial matters, the ar bitrators chosen hereunder shall engage experts tha t have educational training or industry experience suffici ent to demonstrate a reasonable level of relevant s cientific, medical and industry knowledge, as necessary to res olve the dispute . Within [ * * * ] after initiation of arbitration, the Parties shall select the arbitrato rs . The place of arbitration shall be New York City, New York, and all proceedings and communications shall be in English . 121 ( c ) Prior to the arbitrators being selected, either Par ty, without waiving any remedy under this Agreement, may seek from any court having juri sdiction any temporary injunctive or provisional re lief necessary to protect the rights or property of that Party until final resolution of the issue by the a rbitrator or other resolution of the controversy between the Par ties . Once the arbitrators have been selected, eith er Party may apply to the arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved, and either Party may apply to a court of competent jurisdiction to enforce interim injunctive relief granted by the arbitrator s. Any final award by the arbitrators may be entere d by either Party in any court having appropriate jurisdiction for a judicial recognition of the decision and appl icable orders of enforcement . The arbitrators shall have n o authority to award punitive or any other type of damages not measured by a Party ’s compensatory damages . Eac h Party shall bear its own costs and expenses and attorneys ’ fees and an equal share of the arbitrato rs ’ fees and any administrative fees of arbitration, unless the arbitrators agree otherwise