<i>Dispute resolution clauses</i>
The terms and conditions relating to civil engineering included the following clause:
'Any differences or disputes arising from this contract or from agreements regarding its performance shall be settled in an amicable manner by both parties to the Contract. An attempt to arrive at a settlement shall be deemed to have failed as soon as one of the parties to the contract so notifies the other party in writing.
If an attempt at settlement has failed, the disputes shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce in Paris by three arbitrators appointed in accordance with the rules.
The place of arbitration shall be Zurich in Switzerland. The procedural law of this city shall apply where the rules are silent.
The Arbitral award shall be substantiated in writing. The court of arbitration shall decide on the matter of costs of the arbitration.'
The terms and conditions relating to construction included the following clause:
'If any differences of opinion or disputes shall arise out of or in connection with this contract, or from any agreements regarding the implementation of this contract, the parties concerned will in the first place make an effort to settle them without recourse to arbitration. The attempt to reach agreement shall be considered as having failed as soon as one of the parties has informed the other party to this effect in writing.
If the conciliation attempt has failed, the disputes shall be finally and bindingly settled, eliminating legal proceedings, under the rules of Conciliation and Arbitration of the International Chamber of Commerce in Paris (ICC) by three arbitrators appointed in accordance with those rules.
The venue of the arbitration proceedings shall be Zurich/Switzerland. The procedural law of this venue shall apply as far as the ICC Rules do not con
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