CALL TO TENDER - Enit

Art. 25 – Personal data protection
The data, elements and every piece of information obtained during this procedure shall be used only
and exclusively for the purposes of the tender award procedure. To this end, the Administration
agrees to maintain confidentiality and guarantee absolute security of the same, even during handling
with automatic and manual systems.
Art. 26 – Request for documents and explanations
Any information and explanations may be requested in English language by electronic mail at the
following address: mumbaitender@enit.it.
It is understood that explanations and information may be requested in English language before 7
(seven) days from the date of filing of the applications to take part in the tender procedure and the
same can be consulted in the section of the ENIT website given above.
Art. 27 – Governing law and resolution of disputes
The applicable law shall be the Law of India.
In the event of any disagreement, dispute, controversy or claim arising out of, under, in connection
with or relating to this Contract or the breach, interpretation, termination or validity thereof (a
“Dispute”), the Parties (hereinafter individually the “Disputing Party” and collectively the
“Disputing Parties”) shall attempt to first resolve such Dispute through amicable settlement by the
representatives of the Disputing Parties.
If the Disputing Parties are not able to arrive at a mutually agreeable settlement of the Dispute
through such discussions within seven (7) days after one Disputing Party has served a written notice
on the other Disputing Party requesting the commencement of discussions, the Dispute shall be
finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as in
force on the date hereof or any subsequent amendment thereof. The provisions of Part I of the
Arbitration and Conciliation Act, 1996 are expressly excluded.
All arbitration proceedings shall be conducted by INTERNATIONAL CHAMBER OF COMMERCE (the
“ICC”) in accordance with UNCITRAL RULES. The language for conducting arbitration shall be the
English language and the place of arbitration shall be in Mumbai.
The arbitration tribunal shall consist of three (3) arbitrators. ENIT shall appoint one (1) arbitrator
and Winning Enterprise shall appoint one (1) arbitrator. The two (2) arbitrators thus appointed shall
appoint the third arbitrator who shall be the presiding arbitrator.
Each Disputing Party shall co-operate in good faith to expedite (to the maximum extent practicable)
the conduct of any arbitral proceedings commenced under this Agreement.
While any Dispute under this Agreement is pending, the Disputing Parties shall continue to perform
such of their obligations under this Agreement that does not relate to the subject matter of the
Dispute, without prejudice to the final determination in accordance with the provisions under this
Article.
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