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Section 68
ARBITRATION
:(1) The parties agree to submit to arbitration in accordance with the provisions of this clause any dispute or claim arising between the Government of Nepal and the Contractor in connection with this Agreement or its breach, interpretation or cancellation and which cannot be resolved by mutual agreement. They do.
(2) The number of arbitrators shall be three. The Government of Nepal and the contractor shall each appoint one arbitrator and shall advise the other party to do so and these two arbitrators shall appoint a third arbitrator. If a party fails to appoint an arbitrator within thirty (30) days of receiving written notice to appoint an arbitrator, and if the parties do not agree to do otherwise, the President of the International Court of Justice at The Hague shall appoint such arbitrator at the request of one of the parties. If, within thirty (30) days after the appointment of the second arbitrator, the first two arbitrators appointed as mentioned above cannot agree on the appointment of the third arbitrator, and if the parties do not agree to do otherwise, the appointment of the third arbitrator shall be made by the President of the International Court of Justice in The Hague at the request of one of the parties. If an arbitrator fails to act or is unable to act, another arbitrator shall be appointed in his place in the manner in which the arbitrator was appointed.
(3) Unless otherwise mutually agreed, the place of arbitration shall be Kathmandu, Nepal.
(4) The language used in arbitration proceedings shall be English (5) The decision of the arbitrator shall be final and binding on both parties.
(6) Except as provided in this section, arbitration shall be conducted in accordance with the prevailing arbitration rules of UNCITRAL (United Nations Commission on International Trade) or ICSID (International Center for Settlement of Investment Disputes).
(7) Even in the case of arbitration, the contractor shall continue the work to be done in accordance with this agreement and the distribution of petroleum and the payment of the amount due by any party shall not be suspended due to the arbitration.