(1) Any dispute arising between the
Public Entity and the construction entrepreneur, supplier, service provider or
consultant in connection with the implementation of the procurement contract
shall be settled amicably.
(2) A procurement contract may provide the mechanism for resolution of
disputes that could not be settled amicably in accordance with Sub-section (1).
(3) In providing mechanism for resolution pursuant to Sub-section (2),
the procurement contract may provide that any dispute relating to supply of
goods, consultancy service and other services shall be resolved through
arbitration in accordance with the procedure provided for, if any, in the
procurement contract and, if not provided for, in accordance with the prevailing
law.
(4) In providing mechanism pursuant to Sub-section (2), the procurement
contract may provide that disputes relating to construction work shall be
resolved as follows:-
(a) By an adjudicator for an amount, as prescribed,
(b) By a three-member dispute resolution committee, in the case
of amount exceeding that of clause (a).
(c) The provision that if a person is not satisfied with the decision
made under clause (a) or (b), such dispute shall be resolved
through arbitration pursuant to prevailing law.
(5) The appointment of adjudicator and formation of dispute resolution
committee under Sub-section (4), and their functions, duties and power and
procedure for resolution of dispute shall be as prescribed.