GAIL (India) Limited MECON LIMITED

contesting such claim.106 Health and sanitaryarrangements forworkers:106.1 In respect of all labour directly or indirectly employed in theWORKS for the performance of the CONTRACTOR's part of thisagreement, the CONTRACTOR shall comply with or cause to becomplied with all the rules and regulations of the local sanitary andother authorities or as framed by the EMPLOYER from time to timefor the protection of health and sanitary arrangements for allworkers.106.2 The CONTRACTOR shall provide in the labour colony all amenitiessuch as electricity, water and other sanitary and healtharrangements. The CONTRACTOR shall also provide necessarysurface transportation to the place of work and back to the colonyfor their personnel accommodated in the labour colony.SECTION-IXApplicable Laws and Settlement of Disputes107 Arbitration: 107.1 Unless otherwise specified, the matters where decision of theEngineer-in-Charge is deemed to be final and binding as providedin the Agreement and the issues/disputes which cannot be mutuallyresolved within a reasonable time, all disputes shall be referred toarbitration by Sole Arbitrator.The Employer [GAIL (India) Ltd.] shall suggest a panel of threeindependent and distinguished persons to thebidder/contractor/supplier/buyer (as the case may be) to selectany one among them to act as the Sole Arbitrator.In the event of failure of the other parties to select the SoleArbitrator within 30 days from the receipt of the communicationsuggesting the panel of arbitrators, the right of selection of thesole arbitrator by the other party shall stand forfeited and theEMPLOYER (GAIL) shall have discretion to proceed with theappointment of the Sole Arbitrator. The decision of Employer onthe appointment of the sole arbitrator shall be final and bindingon the parties.The award of sole arbitrator shall be final and binding on theparties and unless directed/awarded otherwise by the solearbitrator, the cost of arbitration proceedings shall be sharedequally by the parties. The Arbitration proceedings shall be inEnglish language and venue shall be New Delhi, India.Subject to the above, the provisions of (Indian) Arbitration &Conciliation ACT 1996 and the Rules framed there under shallbe applicable. All matter relating to this contract are subject tothe exclusive jurisdiction of the court situated in the state ofDelhi.Bidders/suppliers/contractors may please note that theArbitration & Conciliation Act 1996 was enacted by the IndianParliament and is based on United Nations Commission onInternational Trade Law (UNCITRAL model law), which wereprepared after extensive consultation with Arbitral Institutionsand centers of International Commercial Arbitration. The UnitedNations General Assembly vide resolution 31/98 adopted theUNCITRAL Arbitration rules on 15 December 1976.