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DISPUTE RESOLUTION

DISPUTE RESOLUTION. RAJKUMAR UNIVERSITY OF PETROLEUM & ENERGY STUDIES. PETROLEUM & NATURAL GAS RULES 1959.

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DISPUTE RESOLUTION

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  1. DISPUTE RESOLUTION RAJKUMAR UNIVERSITY OF PETROLEUM & ENERGY STUDIES

  2. PETROLEUM & NATURAL GAS RULES 1959 • Rule 33 of the petroleum & natural gas rules says any dispute between government and the licensee or lessee shall be settled through arbitration and conciliation proceedings under the provisions of Arbitration and Conciliation Act 1996

  3. PSC • As per article 33 of production sharing contract a dispute between the government and the contractor may be referred to a sole expert, conciliator or to arbitrators

  4. Article 33 • Article 33 of Production sharing contract deals with sole expert, conciliation and arbitration as dispute resolution methods, if there is a dispute between government and contractor

  5. Settle Disputes • The parties shall use their best efforts to settle the disputes amicably that arise in connection to the terms and conditions of this contract

  6. Sole Expert • Matters agreed by the parties by this contract will be referred to sole expert • The sole expert shall be an independent and impartial person of international standing with relevant qualifications and experience appointed by a written agreement between the parties • Sole expert shall not have any commercial interest

  7. Sole Expert • Appointment of sole expert within 30 days by mutual agreement between the parties • If parties fail, Then they have to appoint an institution or agency or person to appoint a sole expert within 30 days • If again fail to appoint an institution or agency or person to appoint a sole expert within 30 days then the matter will be referred to arbitration • If Agency or institution or person fails to appoint a sole expert within 30 days

  8. Sole Expert • Then the matter will be referred to arbitration • Decision of the sole expert shall be final and binding on the parties and shall not be subject to arbitration • Sole expert appointed shall be acting as an expert and not as an arbitrator

  9. Arbitration • Any matter between the parties which is not settled within 90 days after the dispute arises then the matter will be referred to arbitral tribunal or conciliation for final decision • The arbitral tribunal will consists of three arbitrators • Each party will appoint one arbitrator • Two appointed arbitrators will select the third arbitrator

  10. Arbitration • If one party fails to appoint an arbitrator within 30 days on the request by the other side then an third arbitrator will be appointed as per the arbitration and conciliation act 1996 • If appointed two arbitrators failed to appoint a third arbitrator then the third arbitrator shall be appointed as per Arbitration and Conciliation Act 1996 • If any of the arbitrator fails or unable to act the successor will be appointed

  11. Arbitration • Decision of the arbitral tribunal to be pronounced within 4 months. • The decision of the majority shall be final and binding on the parties • The right to arbitrate disputes under this contract shall survive expiry or termination of this contract

  12. Arbitration • Arbitration will be conducted as per the Arbitration and concilation act 1996 • Arbitral award can be challenged in court on certain grounds as per the Arbitration act 1996[Section 34(2)] • It can be enforced as it is decree of the court [Section 36]

  13. Conciliation • Prior to submitting the matter to arbitration the parties may refer the dispute to conciliation by mutual agreement • No arbitration proceedings during conciliation • Matter can be referred to arbitration only if the dispute has not been solved within 60 days of the date of the agreement

  14. Venue and Language • The venue of the sole expert, conciliation or arbitration proceedings shall be New Delhi unless otherwise agreed by parties • The proceedings shall be conducted in English Language

  15. Fees • Fees and expenses for appointing a sole expert or conciliator shall be borne equally by the parties • The cost and expenses for appointment of arbitrator shall be borne equally by the parties appointing them • The cost and expenses for appointment of third arbitrator shall be at the discretion of the arbitrators

  16. Government Companies • If the dispute involves between government companies then such disputes shall be settled in accordance with guidelines issued on the subject by government from time to time

  17. Legal Issue • Whether the decision of the sole expert is enforceable?

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