Arbitration. 23.1 Notwithstanding anything contained in this Contract, all questions, disputes or differences whatsoever, between the parties to the Contract, arising out of or relating to the construction, meaning and operation or interpretation of provision of the Contract or matters related thereto, whether during the currency of the Contract, or its failure or after the completion of the Contract, shall be settled by sole arbitrator to be nominated and appointed by the Chairman & Managing Director of the Purchaser. It will not be an objection that the arbitrator is an employee of the Purchaser and that he had to deal with matters related to the Contract or that in the course of his duties as an employee of the Purchaser had expressed views on all or any other matters in question, dispute or difference. The award of the arbitrator shall be final and binding on the parties to the Contract. In an arbitration invoked at the instance of either party to the contract, the arbitrator would be free to consider the counter claim of the other party even though they are not mentioned in the reference to arbitration. 23.2 The provisions of The Arbitration & Conciliation Act, 1996, and Rules made thereunder and/or any statutory modifications or re-enactment thereof for the time being in force shall apply to such arbitration proceedings. 23.3 Notwithstanding the commencement or continuance of the arbitration, the parties shall continue performance of the Contract with due diligence.
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