Вы находитесь на странице: 1из 1

Settlement of dispute

67.1 Engineers declaration


If a dispute arises between the employer and the contractor in connection with the contract or the
execution of the work, whether during the works or after completion of the works, before or after
the termination of the contract (any type of dispute: opinion, certificate, valuation, instruction)
this should be first referred in writing to the engineer with a copy to the other party. Upon receipt
of this reference, the engineer shall give notice of his decision not later than eighty four days after
he received the letter.
Unless the contract has been terminated, the contractor shall continue to work. The contactor and
the employer shall give effect to every decision to the engineer unless or until revised as in an
amicable settlement or an arbitral award.
If employer or contractor is dissatisfied with the decision of the engineer or if the engineer has
not noticed on or before the 84 th day after the day he received the reference, then the employer or
contractor may on or before the 70th day after the receipt of the reference or on or before the 70 th
day of notice of the decision give a notice to the other party with a copy to the engineer of his
intention for arbitration.
If the engineer has given notice of his decision and neither the employer nor the contractor has
given notification for arbitration on or before the 70 th day after the receipt of the notice by both
parties, the engineers decision shall become final.

67.2 Amicable Settlement


Even though notice for arbitration has been given, arbitration shall not be started unless an amicable
settlement has been done. Arbitration shall commenced on or before the 56 th day after notice for
arbitration whether or not amicable settlement has been done.

67.3 Arbitration
If engineers decision is not final and amicable settlement has not been reached within 56 th day of notice
for arbitration:

Shall be settled finally unless otherwise specified in the contract, under the rules of conciliation and
arbitration of the international chambers of commerce by 1 or more arbitrators. The arbitrator shall have
full power to review, revise any decision, opinion, instruction of the engineer related to the dispute.

Neither party shall be limited to the evidence or arguments put before the engineers. Nor such decision
shall disqualify the engineer from being called as a witness and give evidence before the arbitrators.

Arbitration may be start before or after the completion of the works provided that the obligation of the 3
parties shall not be altered due to the arbitrations.

67.4 Failure to comply with Engineers decision


If neither employer nor contractor has given notice of intention to commence arbitration within the period
in clause 67.1 and this decision has become final, either party ,ay, if the other party fails to comply with
such decision refer to arbitration