Model Project Development Agreement Page 68
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88the Chairman of SIAC shall nominate and appoint a third arbitrator to act as presiding
arbitrator of the tribunal.
21.5.3
The place of the arbitration shall be Kathmandu, Nepal.
21.5.4
The language of the arbitration shall be English.
21.5.5
If more than one arbitration is commenced under this Agreement and any Related
Agreement and any Party contends that the issues should be heard in one proceeding
because two or more arbitrations are substantially related and/or involve the same
parties, the Arbitral Tribunal appointed in the first-filed of such proceedings shall have
the power to determine whether, in the interests of justice and efficiency, the whole or
part of the matters at issue should be consolidated before that Arbitral Tribunal upon
such terms or conditions as the Arbitral Tribunal thinks fit.
21.5.6
The Parties expressly accept that any Dispute under this Agreement may accordingly be
disposed of in the same arbitration proceedings as any other dispute arising under
another Related Agreement, even in the presence of parties other than the Parties to this
Agreement.
21.5.7
The Arbitral Tribunal appointed in respect of any Dispute may, upon the request of a
Party to an arbitration commenced under this Agreement or under a Related Agreement,
having regard to the stage of the proceedings and other relevant circumstances, join any
Party to this Agreement as a party to the arbitration. Any Party so joined to arbitration
proceedings may request that the other Party to this Agreement or further parties to any
of the Related Agreements be joined to such arbitration proceedings.
21.5.8
Each of the Parties to this Agreement hereby consents to be joined to arbitration
proceedings in relation to any Dispute under this Agreement or any arbitration arising
from a Related Agreement at the request of a party to that arbitration following the
initiation of the joinder of parties. The Parties to this Agreement hereby agree that any
arbitration proceedings to which any one or more of them may be joined pursuant to this
Section shall continue under the same arbitration rules as those under which it was
commenced and with the same arbitrators.
21.5.9
This Agreement and the right and obligations of the Parties shall remain in full force and
effect pending the award in the relevant arbitral proceedings.
Waiver of sovereign immunity
21.6
In regard to any arbitration proceedings pursuant to this Agreement and any proceedings to
enforce, recognise or execute any arbitral awards rendered by a tribunal constituted
pursuant to this Agreement, the GON hereby irrevocably waives any and all claims to
immunity from service of process, immunity from the jurisdiction of any court, and
immunity of such of its property as is of a commercial nature from execution.
22.
LIABILITY AND INDEMNIFICATION
Limitation of liability
22.1
22.1.1
Except as specifically provided herein, and to the extent permitted by the Laws of Nepal,
neither Party shall be liable to the other in contract, tort, warranty, strict liability, statute
or any other legal theory for any indirect, consequential, incidental, punitive or
exemplary damages.
22.1.2
Neither Party shall have any liability to the other Party except pursuant to, or for breach
of, this Agreement or the Performance Security, provided, however, that this Section
22.1 is not intended to constitute a waiver of any rights of either Party against the other
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