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5.1.1any notice sent by cable, telegraph, telex, facsimile or edishall be confirmed within two (2)days after dispatch by notice sent byairmail post or special courier, except as otherwise specified in thecontract.
5.1.2any notice sent by airmail post or special courier shall bedeemed (in the absence of evidence of earlier receipt)to have beendelivered ten (10)days after dispatch and in proving the fact of dispatchit shall be sufficient to show that the envelope containing such noticewas properly addressed, stamped and conveyed to the postal authorities orcourier service for transmission by airmail or special courier.
5.1.3any notice delivered personally or sent by cable, telegraph,telex, facsimile or edi shall be deemed to have been delivered on the dateof its dispatch.
5.1.4either party may by ten (10)days' notice to the other party inwriting change its postal, cable, telex, facsimile or edi address oraddressee for receipt of such notices.
5.2in this article, notices shall include any approvals, consents, instructions, orders and certificates to be given under the contract.
article 6.governing law and language
6.1the governing law of the contract shall be the laws of _________.
6.2the governing language of the contract shall be english.
article 7.settlement of disputes
7.1arbitration
7.1.1if any dispute or difference of any kind whatsoever shall arisebetween the buyer and the supplier in connection with or arising out ofthe contract including without prejudice to the generality of theforegoing any question regarding its existence, validity or termination orthe execution of the works, whether during the progress of the works orafter their completion and whether before or after the termination,abandonment or breach of the contract, the parties shall seek to resolveany such dispute or difference by mutual consultation.
7.1.2if the parties fail to solve such dispute or difference bymutual consultation, then either party may give to the other party anotice that a dispute or difference exists, specifying its nature, thepoint (s)in issue and its intention to refer the dispute to arbitration.if the parties fail to resolve such dispute or difference by furtherconsultation within a period of thirty (30)days from the date upon whichsuch notice of dispute has been given, the dispute or difference shall bereferred to and finally settled by arbitration under the rules ofconciliation and arbitration of the international chamber of commerce(icc)by one or more arbitrators (not to exceed three)who shall beappointed under such rules. the award of the arbitrator(s)shall be finaland binding on the parties.
7.1.3if the tribunal shall consist of three arbitrators, one of themshall be nominated by each party and the third shall be chosen by mutualagreement by the parties within thirty (30)days of the nomination of thelast of the two arbitrators nominated by the parties. if the parties failto agree upon the third arbitrator within such period, the said thirdarbitrator shall be nominated in accordance with the rules agreed by thebuyer and the supplier under article 7.1.2 above.
7.1.4the place of the arbitration shall be _________ (name of a third country).
7.1.5the language of the arbitration shall be the language specified in article 6 hereof.
7.2reference to expert
7.2.1notwithstanding the provisions of article 7.1 (arbitration)above save insofar as they relate to mutual consultation, either party maygive a notice to the other of its desire to refer to an expert any disputeor difference falling within any one or more of the categories set out at(a)to (g)(inclusive)below. on each such occasion and within fourteen(14)days of such notice being given or such longer period as the partiesmay agree, the parties may by mutual agreement:(i)appoint an expert to which the dispute or difference shall bereferred; or(ii)request the international chamber of commerce (icc)actingthrough its international centre for technical expertise (icte)to appointan expert to which the dispute or difference shall be referred, whichappointment will be made within twenty-one (21)days of the request beingmade to the icte.if the parties fail to reach agreement on either of paragraphs (i)or(ii)above within the above specified period, the dispute or differenceshall not be referred to an expert, without prejudice to the right ofeither party to refer such dispute or difference to arbitration forthwithin accordance with article 7.1 (arbitration)above.
the relevant disputes or differences which may be referred to suchexpert shall include a dispute or difference:
(a)that may arise concerning approval of design provided in article21 (design and engineering)hereof; or
(b)that may arise concerning a change in the works provided inarticle 36 (change in works)hereof, including the grant of an extensionof time, extra payment to the supplier and any amendment or modificationto the supplier; or
(c)that may arise concerning the valuation of any additional cost orexpense incurred by the supplier and/or any additional time required as aresult of the suspension provided in article 38 (suspension)hereof; or
(d)that may arise concerning the certification of sums allegedly dueto the supplier; or
(e)that may arise concerning the results of test and/or inspectionprovided in article 23 (test and inspection)hereof; or
(f)that may arise as to whether time for delivery under article 22(supply and delivery)hereof is attained, whether the buyer's failure toissue an acceptance certificate under article 25. 3 (acceptance)hereof isjustified, or what extensions of time under article 37 (extension of timefor delivery)hereof should be given; or
(g)any other dispute or difference which the parties specificallyagree from time to time to refer to the expert.
7.2.2the expert shall inform the parties of his decision in writingwithin thirty (30)days of the closing of submissions made to him by theparties and in any event within sixty (60)days of the date of hisappointment.
7.2.3if either party is not satisfied with a decision by the expertas provided in article 7.2.2 above, such party may within fourteen (14)days after receipt of such decision give a notice to the other partystating that it will not abide by such decision. in this case, suchdispute or difference may be referred to and finally settledbyarbitration pursuant to article 7.1 (arbitration)hereof.
if neither party gives such notice to the other party within fourteen(14)days after receipt of such decision, such decision shall become finaland binding on the parties.
7.2.4unless the parties agree otherwise, the proper fees and costs ofthe expert shall be shared equally by the parties.
7.2.5if any dispute or difference is referred to an expert hereunder,neither party shall refer such dispute or difference to arbitration untileither (a)the expert fails to produce a determination within the periodstipulated at article 7.2.2 above or (b)one party gives a notice to theother party pursuant to article 7.2.3 above.
7.3notwithstanding any reference to an expert or arbitrationhereunder,(a)the parties shall continue to perform their respective obligationsunder the contract unless the parties otherwise agree; and(b)the buyer shall pay to the supplier any monies due and owing tothe supplier.
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