Any dispute between Seller and Buyer which may arise hereunder and which cannot be settled by mutual accord shall be referred to Arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The Board of Arbitration shall be composed of three Arbitrators, one of who shall be chosen by Seller, one by Buyer and the third by the two so chosen. If Seller or Buyer fails to choose an Arbitrator within thirty (30) days after notice of commencement of Arbitration or if the two Arbitrators fails to choose, a third Arbitrator within thirty days after their appointment, the Court of Arbitration of the International Chamber of Commerce shall, upon the request of Seller or Buyer, appoint the Arbitrator or Arbitrators to complete the Board and the place of Arbitration shall be the country of the defendant party. The Arbitration Award shall be final and binding upon the parties to such Arbitration and may be entered in any Court having jurisdiction. Neither party shall take any dispute to any Court until such an Arbitration Award has been made. No dispute as to matter expressly stated in this Contract to be determined by “mutual agreement” or to be “mutually agreed” should be referred to Arbitration or otherwise determined than by Agreement of Seller and Buyer. English version of contract, English language and the law of United Kingdom and the Federal Republic of Nigeria will apply.
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