Settlement of Disputes and Arbitration. 12.1 Except where otherwise provided for in the contract, all questions and disputes relating to the meeting of the specifications, designs, drawings, and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing what so ever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these condition or otherwise concerning the works, or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment there of shall be referred to the sole arbitrator as may be appointed by the Chairman, Airports Authority of India. 12.2 There will be no objection if the arbitrator so appointed is an employee of AAI and that he had to deal with the matters to which the contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. 12.3 The arbitrator to whom the matter is originally referred being transferred or vacating his office· or being unable to act for any reason, the appointing authority for arbitrator, as aforesaid at the time of such transfer, vacation of office or inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a term of this contract that no person other than a person appointed by the authority mentioned here-in should act as arbitrator and if for any reason that is not possible the matter is not to be referred to arbitration at all. 12.4 It is also a term of this contract that if the Bidder does not make any demand for appointment of arbitrator in respect of any claims in writing as aforesaid within 90 days from the date of issue of completion certificate by the Airport Director, the claim of the Bidder shall be deemed to have been waived and absolutely barred and AAI shall be discharged and released of all liabilities under the contract in respect of these claims. 12.5 The arbitration shall be conducted in accordance with the provisions of the Indian Arbitration Act, 1996, or any statutory modifications or re-enactment thereof and the rules made there under and for the time being in force apply to the arbitration proceeding under this clause. ...
