Common use of Adjudicator Clause in Contracts

Adjudicator. i. Managing Director (MD) of HURL shall be the Appointing Authority for Adjudicator. Adjudicator under the Contract shall be retired judge of Supreme Court/High Court of India. ii. If any dispute of any kind whatsoever shall arise between the Owner and the Contractor in connection with or arising out of the Contract, including without prejudice to the generality of the foregoing, any question regarding its existence, validity or termination, or the execution of the services—whether during the progress of the work or after their completion and whether before or after the termination, abandonment or breach of the Contract—the parties shall seek to resolve any such dispute or difference by mutual consultation. If the parties fail to resolve such a dispute or difference by mutual consultation, then the dispute shall be referred in writing by either party to the Adjudicator, with a copy to the other party. iii. The Adjudicator shall give its decision in writing to both parties within twenty-eight (28) days of a dispute being referred to it. If the Adjudicator has done so, and no notice of intention to commence arbitration has been given by either the Owner or the Contractor within fifty-six (56) days of such reference, the decision shall become final and binding upon the Owner and the Contractor. Any decision that has become final and binding shall be implemented by the parties forthwith. iv. Should the Adjudicator resign or die, or should the Owner and the Contractor agree that the Adjudicator is not fulfilling its functions in accordance with the provisions of the Contract, another Adjudicator shall be jointly appointed by the Owner and the Contractor. Failing agreement between the two within twenty-eight (28) days, the new Adjudicator shall be appointed at the request of either party by the Appointing Authority. Expenses incurred in the process of adjudication including the fees required to be paid to the adjudicator, if any, shall be shared equally between the Owner and the Contractor

Adjudicator. i. Managing Director (MD) of HURL shall be the Appointing Authority for Adjudicator. Adjudicator under the Contract shall be retired judge of Supreme Court/High Court of India. ii. 17.1.1 If any dispute of any kind whatsoever shall arise between the Owner CESL and the Contractor Implementing Partner in connection with or arising out of the Contract, including without prejudice to the generality of the foregoing, any question regarding its existence, validity or termination, or the execution of the servicesFacilities—whether during the progress of the work Facilities or after their completion and whether before or after the termination, abandonment or breach of the Contract—the parties shall seek to resolve any such dispute or difference by mutual consultation. If the parties fail to resolve such a dispute or difference by mutual consultation, then the dispute shall be referred in writing by either party to the Adjudicator, with a copy to the other party. iii. 17.1.2 The Adjudicator shall give its decision in writing to both parties within twenty-eight (28) days of a dispute being referred to it. If the Adjudicator has done so, and no notice of intention to commence arbitration has been given by either the Owner CESL or the Contractor Implementing Partner within fifty-six (56) days of such reference, the decision shall become final and binding upon the Owner CESL and the ContractorImplementing Partner. Any decision that has become final and binding shall be implemented by the parties forthwith. iv. 17.1.3 Should the Adjudicator resign or die, or should the Owner CESL and the Contractor Implementing Partner agree that the Adjudicator is not fulfilling its functions in accordance with the provisions of the Contract, ; another Adjudicator retired Judge of High Court/Supreme Court of India shall be jointly appointed by the Owner CESL and the ContractorImplementing Partner as adjudicator under the Contract. Failing agreement between the two within twenty-twenty eight (28) days, the new Adjudicator retired judge of High Court/Supreme Court of India shall be appointed as the Adjudicator under the Contract at the request of either party by the Appointing AuthorityAuthority specified in the SCC. Expenses The adjudicator shall be paid fee plus reasonable expenditures incurred in the process execution of adjudication including its duties as adjudicator under the fees required to be paid to the adjudicator, if any, contract. This cost shall be shared divided equally between the Owner CESL and the ContractorImplementing Partner.