GOVERNING LAW AND LANGUAGE – SUBCONTRACT AGREEMENT
- The Subcontract and any non-contractual obligations connected with it shall be governed by the laws of England and Wales.
- All written communication between the SUBCONTRACTOR and the CONTRACTOR shall be in the English language.
DISPUTES
- It is the intention of both Parties to use their best endeavors to settle all disputes by negotiating in good faith with each other. For this purpose the Parties may nominate by mutual agreement an expert. Any such expert shall give an opinion on the dispute as an expert and not as an arbitrator. The resolution proposed by the expert shall not be binding on either Party.
- In the event of any dispute which cannot be settled by mutual agreement, with or without the intervention of the aforesaid expert, the Parties agree that such dispute shall be exclusively referred to arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce by three (3) arbitrators appointed in accordance with said Rules. Either Party shall give notice in writing to the other Party or its request for submitting the dispute to arbitration not less than fourteen (14) Days before such dispute shall be referred to arbitration. The seat of arbitration shall be Singapore, and the arbitration shall be conducted in English language.The decision rendered by the arbitrators shall be confidential, final and binding on both Parties, and judgment upon the award rendered (excluding the motives of the judgment) may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement as the case may be.
- If any dispute arises in connection with the Main Contract and the CONTRACTOR is of the opinion that such dispute touches or concerns the Subcontract Works, the CONTRACTOR may by notice in writing to the SUBCONTRACTOR:
- require that any dispute under the Subcontract be consolidated and exclusively referred to the courts or the arbitration tribunal to which the dispute under the Main Contract is referred to. For such purpose and notwithstanding the provisions of Clauses 27.1 and 27.2, the SUBCONTRACTOR hereby submits to the jurisdiction of the courts or arbitration tribunal as the case may be before which such proceedings are brought; and/or
- require that the SUBCONTRACTOR affords every reasonable assistance to the CONTRACTOR in such dispute in the form of providing pertinent readily available Project-related records and information in its possession to support the CONTRACTOR’s case.
The SUBCONTRACTOR shall, with all reasonable dispatch and in good faith, comply with such request.
- Unless otherwise expressly provided in the Subcontract, the Parties shall continue to perform their respective obligations under the Subcontract without interruption during the period of any proceeding by the Parties in accordance with Clause 27.