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The Bidding Documents - National Aerospace Laboratories

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2.32.3 <strong>The</strong> dispute settlement mechanism/arbitration proceedings shall be concluded as under:(a)(b)In case of Dispute or difference arising between the Purchaser and a domestic supplier relatingto any matter arising out of or connected with this agreement, such disputes or difference shallbe settled in accordance with the Indian Arbitration & Conciliation Act, 1996, t rules there underand any statutory modifications or re-enactments thereof shall apply to the arbitrationproceedings. <strong>The</strong> dispute shall be referred to the Director General, Council of Scientific &Industrial Research and if he is unable or unwilling to act, to the sole arbitration of some otherperson appointed by him willing to act as such Arbitrator. he award of the arbitrator soappointed shall be final, conclusive and binding on all parties to this order.In the case of a dispute between the purchaser and a Foreign Supplier, the dispute shall besettled by arbitration In accordance with provision of sub-clause (a) above. But if this is notacceptable to the supplier then the dispute shall be settled in accordance with provisions ofUNCITRAL (United Nations Commission on International Trade Law) Arbitration Rules.2.32.4 <strong>The</strong> venue of the arbitration shall be the place from where the purchase order or contract isissued.2.32.5 Not withstanding any reference to arbitration herein,(a)(b)<strong>The</strong> parties shall continue to perform their respective obligations under the Contract unlessthey otherwise agree; and<strong>The</strong> Purchaser shall pay the Supplier any monies due the Supplier.2.33 Governing Language2.33.1 <strong>The</strong> contract shall be written in English language which shall govern its interpretation. Allcorrespondence and other documents pertaining to the Contract, which are exchanged by theparties, shall be written in the English language only.2.34 Applicable Law2.34.1 <strong>The</strong> Contract shall be interpreted in accordance with the laws of the Union of India and alldisputes shall be subject to place of jurisdiction as specified in SCC.2.35 Notices2.35.1 Any notice given by one party to the other pursuant to this contract/order shall be sent to theother party in writing or by cable, telex, FAX, e-mail or and confirmed in writing to the otherparty’s address specified in the SCC.2.35.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.2.36 Taxes and Duties2.36.1 For goods manufactured outside India, the Supplier shall be entirely responsible for all taxes,stamp duties, license fees, and other such levies imposed outside India.

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