ABSTRACT
If such Dispute has not been resolved as prescribed above by such officers within <<insert number>> Days after the delivery of the Dispute Notice, it shall be finally settled by arbitration conducted under the <<Rules of Arbitration of the International Chamber of Commerce>> <<Rules of the American Arbitration Association>> <<insert other rules if desired>> (the “Rules”) then in effect. The arbitration shall be heard by three arbitrators appointed [in accordance with the Rules as and if modified by this Article 20.2 (an <“Arbitration”)>]. [To the extent the Rules are inconsistent with the provisions hereof, the provisions hereof shall prevail.] The Sponsor shall nominate one arbitrator. The Contractor [and the Parent Guarantor] shall jointly nominate another arbitrator. Each Party shall nominate its arbitrator no later than <<insert number of days>> after the request for arbitration has been filed. The third arbitrator shall be appointed by the two Party-nominated arbitrators within <<insert number>> of days of the date the second Party-nominated arbitrator is appointed. If either Party fails to nominate an arbitrator, or the two Party-nominated arbitrators fail to appoint a third arbitrator, the arbitrator(s) shall be appointed by the <<American Arbitration Association>> <<International Chamber of Commerce>> <<insert other body if desired>>. The tribunal shall have the authority to determine any question or challenge to its jurisdiction, including without limitations, challenges to the existence of a valid arbitration agreement. The seat of arbitration shall be <<insert location of city>>. Hearings may be held in any other suitable venue as determined by the arbitral tribunal after having heard the Parties. The language of the arbitration shall be English. The Parties agree to consolidate any [proceeding] [arbitration] hereunder with any [proceeding] [arbitration] commenced under the Parent Guarantee.]262 In order to facilitate the comprehensive resolution of related disputes, and upon request by either Party, the arbitration panel shall at any time [before the first oral hearing of evidence] consolidate the arbitration proceeding with any other arbitration proceeding concerning the Parties in a manner so that the panel first constituted will hear all disputes.
