NAME –

SECTION –

EXAM ROLL NO. –

CLASS ROLL NO. -

ALTERNATIVE DISPUTE RESOLUTION – CLAUSE

DRAFTING

ARBITRATION CLAUSE DRAFTING

This agreement made on 6th of June 2020 between M/s NAKSU SHAKA
ENERGY CORPORATION (NSEC) incorporated in INDIANAA, SOUTH
ASIA(hereinafter referred to as the First Party) and M/S PUMA
RENEWABLE ENERGY ETHOPIANNA CORPORATION (PREEC)
incorporated in EIRTREAA CITY, ETHOPIANNA, EAST
AFRICA(hereinafter referred to as the Second Party)

AND WHEREAS both the parties have finalized the terms of Energy
Procurement Construction and Management Contract (EPCMC) and put
those terms and conditions agreed in writing.

AND WHEREAS in the event of any dispute, difference or question arising

out of or in respect of EPCMC the same shall be referred to the arbitrators
and settled by the way of arbitration.

NOW both the parties hereby mutually agree as follows:-

1. Both the parties would like to submit to arbitration(venue of which is

in Bangkokk Thailandd) in case of any dispute, difference,
controversy or claim arising out of and in connection with the
EPCMC(the aforementioned contract) save to the extent provided
within the clauses itself.
2. The party initiating recourse to the arbitration to be referred as “the
claimant” shall give to the other party to be referred as “the
respondent” a notice of arbitration of 30 days which shall include:
a) A demand that the matter be referred to arbitration,
b) A reference to this arbitration clause; and
c) A description of the nature and circumstances of the dispute
giving rise to the claims and a statement of relied facts and so
far as possible, an indication of any amount claimed
3. The venue of arbitration shall be Bangkokk Thailandd.
4. The seat of arbitration shall be New Delhi.
5. The dispute arising out of or in connection with this contract,
including any question regarding its existence, validity or termination,
shall be referred to and finally resolved by arbitration in accordance
 with the arbitration rules of Singapore International Arbitration Centre
(SIAC Rules) for the time being in force, which rules are deemed to
be incorporated by reference in this clause
6. The governing law shall be the Arbitration and conciliation Act 1996
followed in India.
7. The Tribunal shall comprise of five arbitrators.
8. Each party shall appoint two arbitrator. The two party appointed
arbitrators will then appoint the chairman. If the arbitrators cannot
agree on one name then ABC will be empowered to appoint the
arbitrator.
9. In the event of the death or resignation of any of the arbitrator during
the course of the proceedings unless the parties agree otherwise a
replacement arbitrator shall be appointed by the chairman of Nani
Phalkiwala Arbitration Centre.
10. The Head Arbitrator appointed by the parties shall be a retired judge
of any country’s court.
11. The language of the arbitration shall be English.
12. The fees of the arbitrators has been agreed to be paid in equal
proportion by both the parties.
13.Save as specifically provided in this agreement, no information
concerning this agreement or the arbitration may be unilaterally
disclosed by any party to a third party unless required to do so under
any applicable law or by any competent governmental or statutory
authority or pursuant to the rules or regulations of any relevant
regulatory, administrative or supervisory body (including, without
limitation, any relevant stock exchange or securities regulator).
14. It has been mutually agreed not to arbitrate for any defective
construction arising out of the aforementioned contract.
15. The parties would be governed by the limitation law of India.
16. The award arising out of it shall be final.

Signed By – X(Representative of Party A)

On 6th June 2020

Signed By – Y (Representative of Party B)

On 6th June 2020

Reasoning supplied
1. At the very outset the intention of the parties to willingly settle the
disputes by arbitration has been laid as according to the Garware
Wall Ropers Ltd. vs Coastal Marine Constructions decided by the
Hon’ble Supreme Court.
2. Section 7 of the arbitration and conciliation act of 1996 which governs
the arbitration agreement and defines the parameters of it has been
applied.
3. Section 10 of the act which defines the number of arbitrators,
procedure and manner of appointment has been used.
4. The number of arbitrators has been kept at five as the amount is
significant and issues may be diverse and complex. Therefore the
appointment of a retired or sitting judge has also been urged for to
take care and obviate the problem of the issues being complex and
diverse in nature.
5. The seat being New Delhi will give the parties not only an unbiased
result but also secure the result expeditiously. One of the most
important objectives of arbitration is speedy and expeditious disposal
of the arbitration cases.
6. Seat and venue is according to Section 20.
7. Section 22 defines language for the purpose of arbitration.
8. Section 30 which talks about settlement clause have been used.
9. The matter will be kept confidential this is also a very important and
significant aspect of arbitration that the case has some secrecy which
makes it different from the normal courtroom hearings.
10. The scope of the arbitration has been defined and the part of which
the parties have mutually agreed to leave out of the arbitration
although arising from the same contract has been saved from
arbitration and will follow a different method of conciliation.