Pipelaying Tender-VOL I - WorleyParsons.com

16.a7 The Arbitrator may give a composite or separate Award(s) in respect of each dispute or differencereferred to him and may also make interim award(s) if necessary.16.a8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the partiesunless the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of theArbitrator shall be R 40,000/- per case for transportation contracts and R 60,000/- for engineeringcontracts and if the sole Arbitrator completes the arbitration including his award within 5 months ofaccepting his appointment, he shall be paid R 10,000/- additionally as bonus. Reasonable actualexpenses for stenographer, etc. will be reimbursed. Fees shall be paid stagewise i.e. 25% onacceptance, 25% on completion of pleadings/documentation, 25% on completion of arguments andbalance on receipt of award by the parties16.a9 Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutorymodification or re-enactment thereof and the rules made there under, shall apply to the Arbitrationproceedings under this Clause.16.a10 The Contract shall be governed by and constructed according to the laws in force in India. The partieshereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all purposes. TheArbitration shall be held at Mumbai and conducted in English language.16.a11 The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation Limited.b. Foreign Bidder16.b1 Disputes or difference arising out of or in relation to this agreement shall be settled by Arbitration inIndia. The arbitration shall be by a Sole Arbitrator appointed by HPCL.The Sole Arbitrator will adjudicate the disputes and differences between the parties except those inrespect of which the decision of any person is by the agreement expressed to be final and binding.16.b2 In the event of the Sole Arbitrator to whom the matter is originally referred to, is unable to act or he/shevacates the office, HPCL, shall nominate another Sole Arbitrator to settle the said disputes anddifferences.16.b3 The second Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which itwas left by his/her predecessor.16.b4 The award of the arbitrator shall be final, conclusive and binding on all the parties to the agreementsubject to the provisions of the # Arbitration & Conciliation Act, 1996, as in force in India and the rulesMH2145-C000-PS-RFQ-0020Page 124 of 334