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CONDITION 12: ARBITRATION OF DISPUTES
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| bet | 27/33 | | Sana | 23.03.2021 | | Hajmi | 152.5 Kb. | | #13402 |
CONDITION 12: ARBITRATION OF DISPUTES:
12.1 In the event of any question, dispute or difference between parties arising under the licence, or in connection therewith, except as to the matter, the decision of which is specifically provided under the licence, the same shall be referred to the sole arbitration of the TELECOM AUTHORITY or in case its designation has changed or its office is abolished, then, in such case, to the sole arbitration of the officer for the time being entrusted, whether in addition to his duties the functions of the TELECOM AUTHORITY or by whatever designation such officer may be called (hereinafter referred to as the said officer), and if the TELECOM AUTHORITY or the said officer is unable or unwilling to act as such, to the sole arbitration, of some other person appointed by the TELECOM AUTHORITY or the said officer. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act, 1996 and rules framed thereunder or any modifications or re-enactment thereof made from time to time.
12.2 There will be no objection to any such appointment that the Arbitrator is a Government Servant, or he has to deal with the matter to which the licence relates. The award of the arbitrator shall be final and binding on the parties. In the event of such Arbitrator, to whom the matter is originally referred, being transferred or vacating his office, or being unable to act for any reason whatsoever, in case the Telecom Authority or the said officer was himself acting as an officer, his successor in office shall act as an Arbitrator or may appoint some other person to act as an Arbitrator. In case the retiring Arbitrator was a person appointed by the Telecom Authority or the said officer, a new Arbitrator shall be appointed in his place by the Telecom Authority or the said officer and the new Arbitrator shall be entitled to proceed from the stage at which it was left out by his predecessor.
12.3 The venue of arbitration proceeding shall be the office of TELECOM AUTHORITY at New Delhi or such other place as the arbitrator may decide.
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