Through Dispute Resolution Committee. Any dispute as stated above shall be referred in the first place to the Dispute Resolution Committee (DRC) appointed by the Member (Planning), Airports Authority of India. i) If a dispute of any kind, whatsoever, arises between the procuring entity and Consultant in connection with or arising out of the contact or the execution of the works, whether during the execution of the works or after their completion and whether before or after the repudiation or termination of the contract, including any disagreement by either party with any action, opinion, instruction, determination, certificate or valuation of the Engineer, the matter in dispute shall in the first place, be referred to the Dispute Resolution Committee (DRC) appointed by Member(Planning), AAI. ii) DRC, thus constituted may act as „conciliator and will be guided by principles of „conciliation‟ as included in part III of Arbitration & Conciliation Act 1996. DRC should take into consideration, rights and obligations of parties, usage to trade concerned and circumstances surrounding the dispute(s), including any previous business practices between parties. Efforts of DRC should be to come to an amicable settlement of outstanding disputes. If parties agree, a written settlement will be drawn up and signed by the parties. DRC will authenticate the settlement agreement and furnish a copy to each party. iii) DRC will give its report within 45 days of its constitution. It is also a term of contract that fees and other expense if payable to DRC shall be paid equally by both the parties i.e. AAI and contractor. iv) Unless the contract has already been repudiated or terminated, the contractor shall, in every case, continue to proceed with the work with all due diligence. It is also a term of contract that If the contractor does not make any demand for Dispute Resolution Committee in respect of any claim in writing within 90 (Ninety) days of receiving the intimation from AAI that the bill is ready for payment, the claim of contractor will 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. II. Adjudication through Arbitration:- a) Except where the decision has become final, binding and conclusive in terms of Sub Para (I) above, disputes or differences shall be referred for adjudication through arbitration by a sole arbitrator appointed by the Member (Planning) / Member (Operation)/Chairman, AAI [If the ...
