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SCHEDULE "E"
1. CLAIMS APPEALS
1.1 Notice of Appeal. CONTRACTOR may file a notice of appeal. Any such
notice shall:
The Manager
Contracting Department
Saudi Arabian Oil Company
P.O. Box 1500
Dhahran 31311
Saudi Arabia
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2. CHOICE OF LAW
The laws of the Kingdom of Saudi Arabia shall govern and shall control the
interpretation and the performance of this Contract, and any other
agreements arising out of or relating to it, regardless of where this Contract is
entered into or performed.
3. ARBITRATION
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3.6.1 One Arbitrator. If within 30 days from the Notice Date, the
parties agree that they shall appoint one arbitrator, the parties
shall jointly appoint a sole arbitrator within 60 days of the Notice
Date. If the parties fail to jointly appoint a sole arbitrator within
such 60-day period, the Appointing Authority shall, at the
request of one of the parties, appoint a sole arbitrator.
3.6.2 Three Arbitrators. If within 30 days from the Notice Date, the
parties fail to agree that the number of arbitrators shall be one
or if the parties agree to appoint three arbitrators, then the
number of arbitrators shall be three. In such event, each party
shall appoint an arbitrator within 60 days from the Notice Date.
Both appointed arbitrators, after they consult with the party that
appointed each of them, shall agree upon and appoint a third
arbitrator, who shall act as the presiding arbitrator, within 90
days from the Notice Date. If the parties fail to jointly appoint
the presiding arbitrator within such 90-day period, the
Appointing Authority shall, at the request of one of the parties,
appoint the presiding arbitrator.
3.8 Arbitrator Challenge. The Appointing Authority shall decide upon any
challenge of an arbitrator within the time period specified in the
UNCITRAL Arbitration Rules, if the parties do not agree to the
challenge or if the challenged arbitrator does not withdraw.
3.10 Documents and Evidence. Each of the parties shall rely upon those
documents that are in its possession. The parties shall have no right to
request production of documents, discovery or depositions in the
arbitration proceedings, other than what is allowed under this
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paragraph. The parties are entitled to receive all documents that each
party was required to provide to the other party under this Contract,
including pursuant to their audit rights (Contract Documents). The
arbitral tribunal shall have no power to order production or discovery
of documents, exhibits or other evidence (other than the Contract
Documents), or the deposition or oral testimony of witnesses.
3.13 Basis For Award. The arbitral tribunal shall base its award only upon
the evidence presented to it, the terms of the contractual
arrangements between the parties, and the laws of the Kingdom of
Saudi Arabia.
3.14 Costs, Expenses and Fees. The arbitral tribunal shall assess in its
award the amount of the costs and expenses of arbitration, including
lawyers fees and costs and expenses of management, in-house
counsel, experts and witnesses, and the arbitral tribunals fees. The
arbitral tribunal shall apportion the costs, expenses and fees between
the parties based on each of the parties respective success in the
arbitration, as it deems reasonable.
3.15 Issuance of Award. The arbitral tribunal shall first issue its award in
the English language to the parties on an interim basis. If within 10
days of the issuance of the interim award one of the parties requests
the arbitral tribunal to provide an Arabic translation for enforcement
purposes, the arbitral tribunal shall arrange for an Arabic translation of
the award attested by an accredited translator from the enforcement
jurisdiction. The requesting party shall pay for such translation. Upon
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completion of the Arabic translation, the arbitral tribunal shall promptly
issue a final award in English with the Arabic translation, and shall
deposit such final award with the competent court if requested by one
of the parties. If no party requests an Arabic translation within such 10-
day period, the arbitral tribunal shall promptly issue its final award in
the English language only.
3.16 Finality. The final award of the arbitral tribunal shall be final and
binding on the parties and their successors, assigns and affiliates. The
parties undertake to carry out any final award without delay and shall
be deemed to have waived their right to any form of recourse insofar
as such waiver can validly be made. Enforcement of any final award
may be sought in any court of competent jurisdiction.
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