International Centre for Alternative Disputes Resolution (India), making such an appointment shall be furnished to each of the parties. Arbitration may be commenced prior to or after completion of the Works, provided that the obligations of the Employer, the Project Manager, the Contractor and the Adjudicator/ Dispute Review Expert shall not be altered by reason of the arbitration being conducted during the progress of the Works. Arbitration proceedings shall be held at__________, India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English. The decision of the majority of Arbitrators shall be final and binding upon both parties. The cost and expenses of Arbitration proceedings will be paid as determined by the arbitral tribunal. However, the expenses incurred by each party in connection with the preparation, presentation, etc. of its proceedings as also the fees and expenses paid to the Arbitrator appointed by such party or on its behalf shall be borne by each party itself. Where the value of the contract is Rs.50 million and below, the disputes or differences arising shall be referred to the Sole Arbitrator. The Sole Arbitrator should be appointed by agreement between the parties; failing such agreement, by the appointing authority, namely the * Indian Council of Arbitration/President of the Institution of Engineers (India)/The International Centre for Alternative Disputes Resolution (India). The Arbitrator should give final award days of within……… starting of the proceedings [indicate the days (Between 120-180) by which arbitrator should give award]. Performance under the contract shall continue during the arbitration proceedings and payments due to the contractor by the Employer shall not be withheld, unless they are the subject matter of the arbitration proceedings. * Choose one alternative. Insert Chairman of the Executive Committee of the Indian Roads Congress (for highway project) or any other appropriate institution (for other types of works). Alternatively [Note: this may be used only in cases of contract awards to Indian contractors]
International Centre for Alternative Disputes Resolution (India), making such an appointment shall be furnished to each of the parties. Arbitration may be commenced prior to or after completion of the Works, provided that the obligations of the Employer, the Project Manager, the Contractor and the Adjudicator/ Dispute Review Expert shall not be altered by reason of the arbitration being conducted during the progress of the Works. Arbitration proceedings shall be held at__________, India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English. The decision of the majority of Arbitrators shall be final and binding upon both parties. The cost and expenses of Arbitration proceedings will be paid as determined by the arbitral tribunal. However, the expenses incurred by each party in connection with the preparation, presentation, etc. of its proceedings as also the fees and expenses paid to the Arbitrator appointed by such party or on its behalf shall be borne by each party itself. Where the value of the contract is Rs.50 million and below, the disputes or differences arising shall be referred to the Sole Arbitrator. The Sole Arbitrator should be appointed by agreement between the parties; failing such agreement, by the appointing authority, namely the * Indian Council of Arbitration/President of the Institution of Engineers (India)/The International Centre for Alternative Disputes Resolution (India). The Arbitrator should give final award within……… days of starting of the proceedings [indicate the days (Between 120-180) by which arbitrator should give award]. Performance under the contract shall continue during the arbitration proceedings and payments due to the contractor by the Employer shall not be withheld, unless they are the subject matter of the arbitration proceedings. * Choose one alternative. Insert Chairman of the Executive Committee of the Indian Roads Congress (for highway project) or any other appropriate institution (for other types of works). Alternatively [Note: this may be used only in cases of contract awards to Indian contractors]