Local Road Management Manual 185 d. Arbitration and Mediation of Contract Disputes i. After all administrative remedies have been exhausted; Arbitration and Mediation of Contract Disputes shall be adjudicated by the Construction Industry Arbitration Council (CIAC). Normally the CIAC is appointed by both the owner and the contractor as agreed in the contract terms. CIAC usually comprises of three (3) persons, each party shall nominate one member for the approval of the other party. The Parties shall consult both these members and shall agree upon the third member, who shall be appointed to act as chairman; ii. In some contracts, a list of potential members is included in the Contract; the members shall be selected from those on the list, other than anyone who is unable or unwilling to accept appointment to the CIAC. The terms and of the remuneration of either the sole member or each of the three members, including the remuneration of any expert whom the CIAC consults shall be mutually agreed upon by the Parties when agreeing the terms of appointment. Each Party shall be responsible for paying one-half of this remuneration; iii. If a dispute (of any kind) arises between the Parties in connection with or arising out of the Contract or the execution of the works, including any dispute as to any certiifcate, determination, instruction, opinion or valuation of the Engineer, either party may refer the dispute in writing to the CIAC for its decision with copy to the other party; iv. The CIAC will make his assessment on the dispute, in this regard both parties shall make available to the CIAC all such additional information, further access to the Site, and appropriate facilities as the CIAC may require for the purpose of making a decision on such dispute; v. If after the CIAC arrived at a decision on the dispute and either of the party is dissatisifed with the decision a notice of dissatisfaction shall be given to the other party. In this event either of the party shall be entitled to commence arbitration; and vi. Unless settled amicably, any dispute in respect of which the CIAC’s decision (if any) has not become ifnal and binding shall ifnally be settled by arbitration. In the

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