of the
Swiss Civil Procedure Code of 19 December 2008 (Part 3 Arbitration, sections 353 to section 399 of the Swiss Civil Procedure Code of 19 December by one (1) Arbitrator appointed
in accordance with the said Rules. The language of the proceedings shall be English. Swiss
law shall apply without giving effect to its choice of law principles. Notwithstanding this paragraph, each of Buyer and D._____ may protect its Brand, reputation, intellectual property,
confidential information and trade secrets in any court."