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"id": 871102,
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"type": "speech",
"speaker_name": "Sen. Mutula Kilonzo Jnr.",
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"content": "(c) each party shall appoint one arbitrator; and (d) the arbitrators appointed under paragraph (a) shall, within thirty days of their appointment, jointly appoint an arbitrator who shall preside over the arbitration. (3) Where a party fails to appoint an arbitrator within thirty days of receipt of a request to do so from the other party, or where the arbitrators appointed by the parties fail to appoint an arbitrator within thirty days of their appointment, the appointment shall be made, on the request of a party, by the Registrar of the Nairobi Centre for International Arbitration and any award, order or determination of or by such arbitrators shall be final and binding on all parties. (4) The dispute referred to the arbitrators appointed by the Registrar under subsection (1) shall be administered in accordance with the Rules for arbitration of the Nairobi Centre for International Arbitration. (5) In the arbitration proceedings, (a) the place of arbitration proceedings shall be Nairobi, Kenya; (b) the language used for the proceedings shall be English language; (c) the applicable laws shall be the laws of the Republic of Kenya, and the provisions of this contract shall be interpreted in, accordance with those laws; (d) each party shall bear its own legal fees but the costs of the arbitral tribunal shall be borne by the parties in such manner as the arbitral tribunal shall determine; (e) the costs of the sole expert shall be borne equally by both parties; (f) the costs incurred in arbitration shall be recoverable costs and shall be borne by the parties in such manner as the arbitral tribunal shall determine or in accordance with the applicable arbitral rules; and (g) the parties shall continue to perform their, respective obligations under the contract during any sole expert or arbitration proceedings. (6) The right to, arbitrate differences or disputes arising out of this contract shall survive the termination of this contract."
}