The Contract Recognition Board.

Clauses 1-2
The members of the Contract Recognition Board who were to determine the question of conflicting contracts were to
be qualified lawyers of international standing, suitably experienced in the law of contract, and were to be appointed
by the president of the court of the ICC (International Chamber of Commerce).

Clause 4
The seat of arbitration (i.e. where it is to be heard, or where it is DEEMED to be heard).
By the terms of clause 4 of Schedule 11, the Contract Recognition Board was to meet for these purposes in Geneva.

Clause 6(I)
Defines what amounts to a contract with reference to the Contract Recognition Board.

Clause 7.9
The Board shall within three days from the last day of a Conflicting Contract Meeting issue a decision
(a ‘Decision’) stating which Contract is the prevailing Contract (a ‘Prevailing Contract’) which takes
precedence over any other Contract in respect of the same period or any overlapping period.
Without prejudice to Clauses 7.10 and 7.14, the Decision shall not deal with any other issue (other than costs).

Clause 7.11
In making its Decision the Board shall first determine the question as to whether under the proper law(s)
of the contract applicable to the Contracts concerned one or more of the said Contracts is null and void, has
been validly terminated in accordance with its terms, including a termination subject to the making of a payment
of compensation pursuant to and of an amount determined by the Contract (‘Compensation’), or has expired.
If the Board determines that one or more of the said Contracts is not null and void, has not been validly
terminated or has not expired, then, for the purposes of Clauses 7.12 and 7.13, such Contract or Contracts
shall be considered valid and in force.

Clause 7.12
If pursuant to Clause 7.11 above the Board shall determine that only one Contract is still valid and in force
then that Contract shall be the Prevailing Contract.

Clause 7.13
If pursuant to Clause 7.11 the Board shall determine that more than one Contract is still valid and in force then
irrespective of the dates of signature appearing on such Contracts or any formalities (other than Registration pursuant
to Clause 6.5) which may have been carried out in respect thereof or any other matter whatsoever, the Contract whose
date of Registration is the earliest shall be the Prevailing Contract regardless of any provision of any law.

[28]


Home